THIRD DIVISION
(Supplemental)
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
(Eastern Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Atchison, Topeka and Santa Fe Railway Company that:
EMPLOYES' STATEMENT OF FACTS: This dispute is a result of Carrier arbitrarily and unilaterally removing the work of constructing the cement foundation for and assembling of a metal "Butler" relay housing at Verona, Illinois, from the Scope of the Signalmen's Agreement and assigning said work to employes other than Signalmen.
On or about July 3, 1962, Maintenance of Way employes in a Bridge and Building gang were assigned to construct a cement foundation and subsequently assembled a metal relay house on it. The house was installed primarily and exclusively for the housing of Signal Department signal equipment, including relays, rectifiers, batteries and other associated signal appliances and wiring, and as such was an integral part of the TCS (Traffic Control System) which was being installed by Signalmen.
As previously stated, I cannot agree with your decision; therefore, I am referring the case to President Jesse Clark of our Organization for further consideration and handling.
This has reference to your two letters of January 9, 1963, concerning your two appeal claims in behalf of Signal Foreman B. F. Middleton and certain identified members of his signal gang, and is to advise that you may disregard the initial position I advanced in the second paragraphs of my two decisions of January 3, 1963, insofar as it concerned the identification of the claimants in whose behalf these claims were presented.
As to the statements contained in the last incomplete paragraph on page 1 of your two letters, I am of the confirmed opinion that, regardless of the reason for the Brotherhood's failure to appeal therefrom, the Superintendent's denial of Local Chairman Creson's claim became final and binding when no appeal was made therefrom and supports a denial of your two appeal claims previously referred to herein and any future claims of a similar nature.