THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Erie-Lackawanna Railroad Company that:






EMPLOYES' STATEMENT OF FACTS: Prior to the time this dispute arose, Claimants had been assigned to signal maintenance positions on a specific territory. On April 30, 1963, a train derailment on that territory resulted in considerable damage, including damage to the signal system, and signal employes were required to work overtime for several days in order to restore the signal system to service.


This claim is a result of the fact that other signal employes were permitted to perform signal work on Claimants' territory while they were not permitted to work. We contend that Claimants should be compensated at the penalty rate of pay for the amount of time that other signal employes worked on their territory in excess of the amount of time they were permitted to work. Our records indicate that several signal gangs were used, and that some of the gang men who were used had less seniority than Claimants. In fact, at least four members of Gang No. 79, Messrs. John Murray, Paul Burk, F. Ferraro and H. A. Early, were new employes, having been hired during the month of April, 1963.


The Local Chairman initiated the instant claim by presenting it to the Supervisor Communications and Signals on May 22, 1963. A copy thereof is Brotherhood's Exhibit No. 1. Brotherhood's Exhibit No. 2 is the Supervisor's denial of June 4, 1963.












    Local 45, BRS cc: W. D. W."


Claim was denied on June 4, 1963 and subsequently handled on appeal within the time limit provisions of Article IV of the August 21, 1954 Agreement up to and including Carrier's highest officer designated to handle such matters under the Railway Labor Act, where it was discussed in conference on November 20, 1963 and denied.


Attached as Carrier Exhibits A through J are exchanges of correspondence involving handling of this dispute on the property. Being that the parties were unable to handle this matter to a conclusion, the Organization has advanced same to this Board for adjudication.


    (Exhibits not reproduced.)


OPINION OF BOARD: The claim here is based on the argument by the organization that Carrier had no right to send Claimants home and permit other signal employes to perform overtime work on Claimants' territory. Organization states that Claimants were the "regular employes" entitled to the overtime of their positions ahead of the other employes who performed it. Organization failed to prove that the involved work belonged to Claimants' positions in the face of Carrier's assertions that it did not; thus, we will deny the Claim because Organization failed to prove an element essential to establish its case: i.e., that Claimants were the "regular employes" entitled to this overtime work. [See Award No. 12850]


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


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    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 Carrier did not violate the Agreement.


    AWARD Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 10th day of March 1967.

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

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