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Award No. 14973
Docket No. SG-14489
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Gene T. Ritter, 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 and continues to violate the Scope and
other provisions of the current Signalmen's Agreement when it
farmed out or permitted employes not covered by the Signalmen's
Agreement to install and maintain Carrier equipment and associated
apparatus to be used to transmit CTC code between the CTC machine
at New Smyrna Beach, Florida, and various CTC field locations.
(b) The employes of the Communications-Signal Department who
are covered by the Signalmen's Agreement 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 Carrier equipment and
other apparatus to be used to transmit CTC code between the CTC
machine at New Smyrna Beach, Florida, and various CTC field locations between New Smyrna Beach and Titusville, Florida.
(c) This claim is made on a continuing basis and is to include
work which has already been performed by outside workers and is to
include all future work that may be performed by such workers on
the apparatus outlined above.
EMPLOYES' STATEMENT OF FACTS: During December 1962, the
Carrier put into service the first centralized traffic control system (CTC)
utilized by it to control the movement of trains. The employes covered by the
Signalmen's Agreement performed part of the work of installing the CTC
system, while a part of it was farmed out to outside companies and performed by persons not covered by the Signalmen's Agreement.
The work specifically involved in this claim consists of the installation
and maintenance of signal eyuipment used to transmit CTC code between the
CTC machine at New Smyrna Beach, Florida, and various field locations
along the Carrier's line of road. This includes carrier equipment, line wire,
and other apparatus for transmitting CTC code.
"Contrary to what you say, the Railway prior to December,
1962, did not have centralized traffic control signal devices on the
property. When such devices were installed the work of installing
them fell within the Scope of the Signalmen's Agreement and was,
in fact, performed by employes working under that Agreement. No
CTC code line, however, was installed, the Railway simply paying
commercial rates to the Southern Bell Telephone and Telegraph
Company to transmit the code over their facilties, not located on
Railway property. Therefore, there can be no possible transfer or
farming out of work as you now contend. Instead, the Railway simply
connected its facilities to the existing lines of the Southern Bell
Telephone and Telegraph Company, those lines never having been
within the Scope of the Signalmen's Agreement and Railway signalmen never have enjoyed the right to work on those lines . . ."
Copies of Mr. Dubberly's letter of May 18, 1963, and Mr. Wyckoffs letter
of May 29, 1963, are attached as Carrier's Exhibits I and J, respectively, and
by reference are made a part of this Submission.
4. Employes of the Communications-Signal Department are represented
by the Brotherhood of Railroad Signalmen. The Agreement in effect at the
time of filing of the claims and prior to October 30, 1963, was that dated'
April 1, 1948, as revised effective September 1, 1949, of which Rule 1 reads
as follows:
"This Agreement covers the rates of pay, hours of service and
working conditions of all employes classified in Paragraphs (a) to
(g) of this Rule engaged in the construction, repair, reconditioning,
inspection, testing and maintenance, either in the shops or in the
field, of the following:
1. All signals, interlocking and signaling systems, centralized
traffic control systems, automatic train controlling or stopping devices, highway crossing protective devices, and all
other work generally recognized as signal work, but not including signaling apparatus and devices attached to, or
installed in, locomotives and cars.
2. Telegraph, telephone and other communication systems
within the jurisdiction of the Communications-Signal Department.
3. Other work under the jurisdiction of the CommunicationsSignal Department being performed by employes within the
scope of this Agreement on its effective date..
NOTE: Paragraphs (a) to (g) showing classification of employes
not reproduced."
(Exhibits not reproduced.)
OPINION OF BOARD:
In this dispute, Claimants allege Carrier violated
the Scope Rule in permitting Southern Bell employes to install and maintain
equipment and circuits used by Carrier to transmit CTC code between the
CTC machine at New Smyrna Beach, Florida and various CTC field locations-
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The record fails to establish that the employes of Southern Bell worked
on equipment other than that owned by the telephone company. Having failed
to meet its burden, and in accordance with Awards 14888 and 14889 (Zumas),
Petitioners' claim must be dismissed.
I'INDINGS: 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;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the Agreement was not violated.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1966.
Keenan Printing Co., Chicago, Ill. Printed in
U.S.A.
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