NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Terminal Railroad Association of
Louis that:
Claim is filed on a continuing basis, retroactive 60 days from the
date claim was initially filed (November 2, 1961), or date that the
actual work commenced by outside parties on the dismantling,
reconditioning and changes on the riverfront highline at St. Louis,
Missouri, involved in the changes in the signaling systems, appurtenances, appliances and equipment, until such time as the signal
work is properly returned to and performed by this Carrier's Signal Department employes under the coverage of the current Signalmen's Agreement, as follows:
(a) The Carrier violated and continues to violate the current
Signalmen's Agreement when it contracted, farmed out, assigned
or otherwise permitted scope work to be performed by parties and
persons not covered by the Signalmen's Agreement on the highline,
St. Louis, Missouri.
(b) That Signal Construction Foreman E. E. Owens and the
employes of Construction Gang No. 4, namely, Leading Signalman
J. F. Dosing, Signalmen C. K. Highley, W. F. Mueller, E. Bubla,
F. Leming, B. Mathias, and K. K. Kapelski, be paid at their respective overtime rates of pay for a proportionate share of the time
consumed by the parties and persons in the dismantling, reconditioning, and other signal work referred to in this letter and part (a)
hereof, until such time as all the scope work is properly assigned
to Signal Department employes and actually being performed by such
employes.
(c) Since the Signal Department employes and the Brotherhood do not have access to records and time rolls showing the
amount of time consumed by the parties and persons who have and
[7721
13746-9
780
Exhibit E-Chief Engineer Hanna's reply of December 29, 1961 to
General Chairman Highley.
Exhibit F-General Chairman Highley's appeal dated January 29,
1962 to Manager, Labor Relations Henry Miller, Jr.
Exhibit G-Manager, Labor Relations Miller's reply of March 19,
1962 to General Chairman Highley, confirming conference held
on March 16, 1962 with the General Chairman and a Vice President of the Organization.
The employes involved herein are subject to the Rules Agreement effective July 13, 1950, as amended by Memorandum of Agreement dated May 28,
1959, copies of which are on file with the Secretary of this Division.
POSITION OF CARRIER: It is the position of the Carrier, as explained above, that the "dismantling" work allegedly covered by the Signalmen's Agreement was not contracted for by the Carrier, but by the National
Park Service, an agency of the United States of America. The Bill of Sale
(Carrier's Exhibit A) was effective on October 2, 1961, on which date the
Carrier abandoned operations on the old elevated structure and ownership of
the structure was transferred on that date to the National Park Service.
As explained in the Carrier's Statement of Facts, after transfer of the
property to the National Park Service, that body arranged for razing of the
structure, and none of the material was salvaged by the Carrier or turned
over to us.
In conclusion, it is the Carrier's position that it had the legal right to
donate its property and that after such transaction, ownership of the property was then vested in the National Park Service; that the work of the new
owner in razing the abandoned structure was not work accruing to the Car.
rier's employes, nor could it in any sense be considered "dismantling" of signal equipment within the meaning of the Agreement between the parties.
There was no violation of the Agreement and the claim should be denied
in its entirety.
(Exhibits not reproduced.)
OPINION OF BOARD:
This and Award No. 13745 are companion cases.
Petitioner avers that the Agreement was violated in that the employes covered were not permitted to dismantle the signalling equipment of the elevated
track which was razed.
Carrier transferred all rights, title and interest in the elevated track
to the Government as is where is. The Government alone had control of the
dismantling. Therefore, for the reasons stated in Award No. 13745, we will
deny the Claim.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
13746-10
781
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of July 1966.