.06
365
Award No. 14264
Docket No. SG-12289
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Edward A. Lynch, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
ALTON AND SOUTHERN RAILROAD
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Alton and Southern Railroad that:
(a) The Carrier violated the current Signalmen's Agreement,
as amended, particularly the Scope, when it required a Maintenance
of Way employe who holds no seniority or other rights under the
Signalmen's Agreement to perform generally recognized signal work
of oiling switch plates on power-operated switch on October 9, 12,
16, 19, 23, 26, 30, November 2, 6, 9, 13 and 16, 1959.
(b) The Carrier should now be required to compensate Leland
C. Goldschmidt for two hours and forty minutes at the Assistant
Signalman rate of pay ($2.44 per hour during October, $2.47 per
hour after November 1) for each day listed in paragraph (a) above.
EMPLOYES' STATEMENT OF FACTS: The claimant in this dispute,
Mr. Leland C. Goldschmidt, is an Assistant Signalman working with and under a Signal Maintainer patrolling and maintaining telephone, electrical, and
signal apparatus and their appurtenances on the Alton and Southern Railroad. His assigned working hours are from 8:00 A. M. until 4:30 P. M., assigned rest days Saturdays and Sundays.
Sometime during April, 1959, the Carrier supplied a new oil can and a
brush, and made arrangements for oil to be delivered to a Maintenance
of Way track walker with instructions to oil certain equipment that had
been installed, adjusted, repaired, maintained, and oiled by signal employes.
On certain days from April to November, 1959, the track walker oiled
pipe-connected derails, and claims were filed on behalf of the same claimant
who is involved in the instant dispute. Those claims were progressed to
this Board under our files NRAB-958 (Docket No. SG-12048), NRAB-993,
and NRAB-994.
Parker, former Signal and Communications Engineer, on your claims
for extra payment of two hours and forty minutes on each of the
following dates:
October 9, 1959 October 30, 1959
October 12, 1959 November 2, 1959
October 16, 1959 November 6, 1959
October 19, 1959 November 9, 1959
October 23, 1959 November 13, 1959
October 26, 1959 November 16, 1959
These claims all relate to the oiling of switch plates on the
power operated switch located north of Missouri Avenue.
The company does not agree with you that we were in violation of your agreement by having the switch plates in question oiled
by
a Maintenance of Way Department employe. Consequently, the
claims listed above are all declined.
Yours very truly,
/s/ Wayne Harris
Ass't General Manager
WH:Im
cc: Mr. C. J. Warfield, General Chairman
Brotherhood of Railroad Signalmen
Box 239
Marine, Illinois
cc: Mr. C.
Suy0"
On February 15, 1960, Local Chairman Goldschmidt wrote Assistant
General Manager Harris as follows:
"Dear Mr. Harris:
Reference is made to your letters of January 13 and January
28, 1960, respectively, declining my time claims from August 10,
1959 through November 16, 1959, concerning the oiling of a remote
controlled power operated switch located north of Missouri Avenue
by Maintenance of Way forces.
Your decision in this matter is not acceptable; therefore, all
correspondence with regard to these claims has been forwarded to
Mr. Jesse Clark, President, Brotherhood of Railroad Signalmen
for an Adjustment Board presentation."
(Exhibits not reproduced.)
OPINION OF BOARD: The facts, the issue and the parties in this dispute are identical with those involved in Award 12830 of this Board. For the
reasons therein cited, we will follow that award and deny this claim.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
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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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of March 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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