NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Claude S. Wbody, Referee

(a) Carrier violated the current Signalmen's Agreement, particularly Rules 5, 14, 15, 17, 18 and 19, when, on various dates from October 27 to November 10, 1964, it required Signal Maintainer E. F. Yuknis, with headquarters at 61st Street Tower in the Chicago Terminal District, to suspend work on his bulletin assignment and perform work at Joliet UD Interlocking.

(b) Carrier be required to compensate J. L. Tarrant, 2nd trick Signal Maintainer at Joliet UD Interlocking, for the following amount of time at the time and one-half rate of pay; this to be paid him in addition to what he had already been paid on these dates:

October 27, 1964 - eight (8) hours October 28, 1964 - eight (8) hours October 29, 1964 - seven (7) hours October 30, 1964 - seven (7) hours November 2, 1964 - seven (7) hours November 3, 1964 - eight (8) hours November 4, 1964 - eight (8) hours November 5, 1364 - seven (7) hours November 6, 1964 - seven (7) hours November 9, 1964 - seven (7) hours November 10, 1964 -- six (6) hours

[Carrier's Fife: L-130-323. General Chairman's File: AV-3371

part of the record in this dispute. Amendments to this agreement include the Memorandum of Agreement attached hereto as Brotherhood's Exhibit No. 10.

(Exhibits not reproduced.)

CARRIER'S STATEMENT OF FACTS:

1. There is an agreement in effect between the parties to this dispute bearing an effective date of July 1, 1952 on file with your Board which by this reference is made a part of this submission.

2. This submission covers three separate claims filed by the Employes as a result of Carrier's use of a relief signal maintainer with headquarters at 61st Street, Chicago, Illinois, to perform work at Joliet, Illinois, on various dates between October 27, 1964 and November 10, 1964.

3. To avoid burdening the record Carrier has not included copies of the correspondence on the property concerning these three claims as it is thought the Employes would produce such correspondence as a part of their submissions. However, Carrier will refer to various portions of this correspondence, as necessary, and reproduce pertinent portions of same. Carrier will also take exception in its rebuttal statement to any errors or omissions in the Employes' reproduction of such correspondence.

4. Carrier's Exhibit A is a copy of a Memorandum of Agreement dated September 9, 1954, which established the Vacation Relief Signal Maintainer's position whose use at Joliet precipitated these claims.

(Exhibits not reproduced.)

OPINION OF BOARD: This claim is essentially the same as that disposed of by Award No. 16082. Accordingly, we will deny this claim.

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;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary