NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

John J. McGovern, Referee

BROTHERHOOD OF RAILROAD SIGNALMEN

CENTRAL OF GEORGIA RAILWAY COMPANY

(a) Carrier violated the current Signalmen's Agreement, as amended, when it contracted with Union Switch & Signal Company and, between October 15 and November 30, 1965, it had performed by persons not covered by the Agreement the installation of Highway Crossing Signals at Morrow, Georgia-between Jonesboro and Atlanta on the territory regularly assigned to Signal Maintainer O. E. Kitchings and Assistant Signal Maintainer J. N. Ketchem.

(b) Signal Maintainer-O. E. Kitchings

Assistant Signal Maintainer-J. N. Ketchem

Signal Foreman-T. J. Gassett

Leading Signalman -E. E. Murdock

Signalman -R. L. Johnson

Assistant Signalmen-A. T. Jones, L. B. Hardison, J. L.

Taylor, and W. D. Russell

be compensated at their respective overtime rates of pay, on a proportionate basis, for all man-hours of Signal Work performed by the Union Switch & Signal Company's forces beginning on or about October 15, 1965, and continuing thereafter until on or about November 30, 1965, in the installation of Highway Crossing Signals at Morrow, Georgia.

[Carrier's File: SIG 489]

tions contentions and conclusions being largely erroneous were flatly denied and rejected.

In view of the exceptions taken and reasons stated to ,you at length in conference, as well as those set forth in my letter of May 6, the claim remains declined in its entirety as per my full and final decision of May 6, 1966."

The foregoing correspondence shows that this vague, indefinite and improper claim was declined by each and every officer of the Carrier.

On April 16, 1965, Carrier entered into a so-called stabilization of employment agreement with employes of the signalmen's class or craft, a cony of which agreement is on file with your Board and is, by reference, made part and parcel of this submission as though reproduced herein word for word.

Under the April 16, 1965 agreement, all the claimants except J. N. Ketchem, J. L. Taylor and W. D. Russell are "protected employes" and under Article IV of such agreement are not to be placed in a worse position with respect to compensation than the normal rate of compensation of positions to which assigned on October 1, 1964 plus any subsequent general wage increases. J. N. Ketchem, J. L. Taylor and W. D. Russell are all relatively new employes; in fact, Ketchem and Russell resigned from the service in December, 1965. The "protected employes" are guaranteed the rate of compensation received on October 1, 1964 so long as they protect their rights and until such time as they retire, die or are discharged for cause. Having been guaranteed lifetime pay under the conditions outlined in the referred to agreement, they cannot expect more.

(Exhibits not reproduced.)

OPINION OF BOARD: Petitioner alleges a violation of the Scope Rule of the Agreement when Carrier contracted with the Union Switch and Signal Company to install highway crossing signals between Jonesboro and Atlanta, Georgia.

The parties and the issue are identical to those discussed in our Award 16675. In essence, as we view the claim as submitted, it is vague and indefinite and would require the Carrier to develop the claim to give it a degree of specificity which it is now lacking. For the foregoing reason and for the reasons stated in the above award, we will dismiss the claim.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are Tespectively 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.

AWARD

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary

DISSENT TO AWARDS NOS. 16675 AND 16676

DOCKETS SG-17018 AND 16947

W. W. Altus, Jr.