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 Rule and other provisions
of the current Signalmen's Agreement when it arranged, contracted,
farmed out, or otherwise permitted persons not covered by the Signalmen's Agreement to install and maintain circuits and associated
apparatus which control the circuit breakers on the 4400 volt signal
lines located in sub-stations at Miami, Jupiter, Melbourne, Daytona,
Beach, and Jacksonville, Florida.
(b) The employes of the Communications,Signal Department
who are in service and those furloughed be compensated at their
respective punitive rates of pay for an amount of time equal to that
spent or which will be spent by outside workers performing the
diverted work of installing and maintaining the circuits and associated equipment which control the sub-stations as outlined in paragraph (a) herein.
(c) This is to cover all work which has already been performed by outside workers and is to include all future work on such
disputed facilities until such work is returned to employes covered
by the Signalmen's Agreement.
EMPLOYES' STATEMENT OF FACTS: As indicated by our Statement of Claim this dispute involves the installation and maintenance of circuits
and associated apparatus which control the circuit breakers that protect
the 4400 volt signal transmission lines. The circuit breakers in question
are located at the substations in Jacksonville (Milepost 0), Daytona Beach
(Milepost 109.7), Melbourne (Milepost 194.2) Jupiter (Milepost 283.3)
and Miami (Milepost 366). Each of these substations normally feeds a per-
sedes. The changes in the language of the Scope Rule of the revised Signalmen's Agreement effective April 1, 1948, as compiared
with the January 1, 1938, Signalmen's Agreement were granted by
me in response to your request for a more detailed description of
the scope of the revised Agreement, only upon your assurances
that no extension or restriction of the Scope Rule, but only clarification, is to be accomplished thereby. It was agreed between us that
the employes covered by the revised Signalmen's Agreement effective April 1, 1948, will, as in the past, continue to perform electrical
and mechanical work on line-of-road which comes within the jurisdiction of the Communications-Signal Department, and that the
rights of the employes covered by the revised Signalmen's Agreement effective April 1, 1948, will (as in the past) be subject to
and subordinate to the Railway's obligations under its agreements
with the Western Union Telegraph Company, the American Telephone and Telegraph Company and others now in existence, and
future revisions of the present contracts, relating to maintenance
of facilities on the Florida East Coast right-of-way owned exclusively
or in part by those Companies.
It was further understood that the words `Inspection' and `testing' in the Scope Rule of the Revised Signalmen's Agreement
effective April 1, 1948, do not apply to the inspections and tests
made by inspectors and other officials, to see that the employes are
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: As this Board found in SG-14496, Award 14888,
the record in the instant case 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 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;
14889 8
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim shall be dismissed.
AWARD
Claim 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, Ill. Printed in U. S. A.
14889