Award Number 17509
Docket Number SG-18144
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
THE TEXAS AND PACIFIC RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Texas and Pacific Railway
Company:
On behalf of Signal Maintainer H. A. Nash, headquartered at
Sweetwater, Texas, for four (4) hours' pay at time and one-half his
straight-time rate of $3.13 per hour account from 8:30 P.M. June 21
to 12:30 A.M. June 22, 1967, he was called for signal trouble and
required to cut trees growing up through open signal line wires
causing a wrap and short in signal control wires.
(Carrier's File: B-315-9)
EMPLOYES' STATEMENT OF FACTS: H. A. Nash, Claimant in the
instant dispute is a monthly rated signal maintainer with headquarters at
Sweetwater, Texas.
On June 21, 1967, at 8:30 P.M. Signal Maintainer Nash was called to his
assigned territory to clear signal trouble. He was relieved at 12:30 P.M.
It was determined that trees growing up through the signal wires caused
the signals to operate improperly.
Claimant repaired the signal trouble by cutting trees from the signal
wires.
Claimant requested the time at overtime rate, which was refused by the
Carrier.
During handling of the dispute on the property, the General Chairman
stated and it was not disputed by the Carrier that, "The cutting of trees and
brush on the right-of-way of this railway has historically and traditionally
been performed by employes represented by the Maintenance of Way Organization' " *." (Brotherhood's Exhibit No. 2.)
The applicable rules of the Signalmen's Agreement are as follows:
"SCOPE-This agreement governs the rates of pay, hours of service
and working conditions of all employes in the Signal Department,
except supervisory forces above the rank of Signal Inspector, clerical
In view of the foregoing, we find no justification for changing the
decision given to you in these cases in our letters dated January 9,
1968, which are hereby affirmed.
OPINION OF BOARD: The facts and contentions of the parties herein
are essentially the same as in Award 17508. For the reasons stated in that
Award, the claim herein will be denied.
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. $. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1969.
Central Publishing Go., Indianapolis, Ind. 46206 Printed in U.S.A.
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