THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Pennsylvania Railroad Company that:
EMPLOYES' STATEMENT OF FACTS: This dispute involves the agreement between the Pennsylvania Railroad Company, Baltimore and Eastern Railroad Company and Telegraph and Signal Department Employes represented by this Brotherhood (rules effective June 1, 1943, except as otherwise specified, rates effective September 1, 1949, except as otherwise specified). By reference thereto, that agreement, as amended, is hereby made a part of the record in this dispute. For the sake of brevity, that agreement will be referred to herein as the Signalmen's Agreement, employes classified therein will be referred to as signal employes, work covered thereby will be referred to as signal work, and the Pennsylvania Railroad Company will be referred to as the Carrier.
As a matter of information, Telegraph and Signal (T&S) Department is synonymous with Communications and Signal (C&S) Department.
Carrier's Maintenance of Equipment Department employes represented by the Transport Workers Union (TWU) were on strike from September 1
preventing or detecting vandalism, theft, or damage to Carrier's installations on the territory involved. The record also reveals that any irregularities discovered by the supervisor during his patrolling of the territory, were reported to the Inspector of the territory involved after the strike had terminated.
In view of the foregoing, Carrier submits it has shown that no supervisory employe performed any work accruing exclusively to Inspectors. Therefore, no Rules Agreement violation occurred during the period in question, and the instant claim is clearly without merit.
For the foregoing reasons, the Carrier submits that there is no valid basis upon which the Employes can establish their claim under the applicable Agreements, and the claim, therefore, should be denied.
It is respectfully submitted that the National Railroad Adjustment Board, Third Division, is required by the Railway Labor Act, to give effect to the said Agreement and to decide the present dispute in accordance therewith.
The Railway Labor Act, in Section 3, First, Subsection (i), confers upon the National Railroad Adjustment Board the power to hear and determine disputes growing out of "grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions." The National Railroad Adjustment Board is empowered only to decide the said dispute in accordance with the Agreement between the parties to it. To grant the claim of the Employes in this case would require the Board to disregard the Agreement between the parties thereto and impose upon the Carrier conditions of employment and obligations with reference thereto not agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take any such action.
Therefore, the Carrier respectfully submits that your Honorable Board should deny the claim of the Employes in this matter.
OPINION OF BOARD: This case involves the same parties, issue and Agreement as Award No. 13794. For reasons stated in that Award, we will sustain the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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; 13795-13 463
CARRIER MEMBERS' DISSENT TO AWARD 13795,
DOCKET SG-13893 (Referee Dorsey)