,MWaen Award No. 14973
Docket No. SG-14489


THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Florida East Coast Railway Company that:





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.


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:









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 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










Dated at Chicago, Illinois, this 30th day of November 1966.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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