NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Nicholas H. Zumas, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
FLORIDA EAST COAST RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Florida East Coast Railway Company that:
(a) The Carrier violated the Scope and other provisions of
the current Signalmen's Agreement when it assigned or permitted
employes not covered by the Signalmen's Agreement to install and
maintain carrier equipment and circuits used to transmit data from
the hot box detectors along the Carrier's line of road to the recorders located at New Smyrna Beach, Florida.
(b) The Carrier violated the Scope and other provisions of
the Signalmen's Agreement when it assigned Inspectors who are not
covered by the Signalmen's Agreement to maintenance work in connection with hot box detectors along the Carrier's line of road.
(c) The Carrier violated the current Signalmen's Agreement
when it assigned or permitted employes who are not covered by the
Sigmalmen's Agreement to install and maintain relays and other
office apparatus used in connection with the hot box detector recorders at New Smyrna Beach. All the violations cited above commenced during the month of October 1961, and the violations relative
to maintenance of various facilities continue to exist.
(d) The Carrier be required to pay each employe in the
Communications-Signal Department who is covered by the Signalmen's Agreement at his respective punitive rate of pay for an
amount of time equal to that spent or which will be spent by other
employes in installing and maintaining the apparatus outlined in
paragraphs (.a), ('b) and (c) herein, such payments to be made on
a proportionate basis.
EMPLOYES' STATEMENT OF FACTS:
As indicated by our Statement of Claim this dispute involves the installation and maintenance of hot
properly performing their work and to see that the apparatus is
functioning properly.
Please sign one copy of this letter in the space provided for
that purpose to signify your concurrence in this understanding and
return to me.
Yours very truly,
C. L. Beals,
Chief Operating Officer,
Florida East Coast Railway
Company.
(Exhibits not reproduced.)
OPINION OF BOARD:
Petitioner, in its claim alleged that Carrier
violated the Scope and other provisions of the Signalmen's Agreement by
(a) assigning or permitting employes not covered by the Agreement to install
and maintain carrier equipment and circuits used to transmit data from hot
box detectors, and (.b) assigning or permitting Inspectors and others not
covered by the Agreement to do installation and maintenance work relays
and other apparatus in connection with hot box detectors along Carrier's line.
Carrier contends that no work belonging to employes covered under the
Agreement has been transferred to employes not covered; and that the
equipment referred to ~by the Petitioner was owned by the Southern Bell
Telephone and Telegraph Company, and operated by that company since 1927
under contract for the services provided.
The record fails .to establish that the employes of the Southern Bell
Telephone and Telegraph Company worked on equipment other than that
owned by the telephone company. Having failed to meet its burden, Petitioner's claim must be dismissed.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That .the parties waived oral healing;
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 Claim shall be dismissed.
The Claim of Petitioner is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1966.
Keenan Printing Co., Chicago, I11. Printed in U. S. A.
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