._, Award No. 18619
Docket No. SG-18939
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Robert A. Franden, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Seaboard Coast Line Railroad
Company that:
(a) The Carrier violated the Signalmen's Agreement, the
Scope Rule, when on February 22 and 23, 1969, persons not covered
by the Agreement were used to perform recognized signal work;
and Rule 17 of the Agreement when regular assignees J. F. Power,
Jr. and E. Hodge were not called first to make the necessary repairs
to the signal pole line.
(b) The Carrier now allow payment to Mr. Power and Mr.
Hodge for 25 and 'hz hours each at their respective overtime rates
in addition to any compensation which they have already received
for February 22 and 23, 1969.
[Carrier's File: 15-631
EMPLOYES' STATEMENT OF FACTS: There is an Agreement between the parties to this dispute bearing an effective date of July 1, 1967,
which is by reference made a part of the record herein. Particularly pertinent
here are Rules 1 and 17 reading:
RULE 1 -Scope
This agreement governs the rates of pay, hours of service and
working conditions of all employees specified in Rules 2, 3, 4, 5,
6, 7 and 8, engaged in the construction, installation, inspecting, testing, maintenance and repair, either in signal shops or in the field,
of all signalling, recognized signalling systems, interlocking plants,
traffic control systems, wayside cab signals or apparatus, wayside
train stop and train control systems, highway crossing protection
devices, spring switch mechanisms when protected by signals, train
order signals, car retarder systems (except track work in connection
therewith), bonding of track, together with all appurtenances, devices, apparatus and equipment necessary to said systems and de-
Power and Assistant Signal Maintainer E. Hodge account not being
permitted to work on their assigned territory February 22 and 23,
1969.
"There is
no basis for granting such an extension of time and
it would be most inconsistent for me to so inasmuch as we do not
recognize this as a valid and proper claim for handling, of which
you have been fully advised.
"You already have a previous claim
before the Third Division
in behalf of various signal employes account not being permitted
to work on February 22 and 23, 1969, and included among claimants
are 'Signal Maintainer J. F. Power and Assistant Signal Maintainer
Edward Hodge! As you should know, duplicate claims covering the
same claimants and the same alleged violation cannot be recognized
as proper claims."
The Organization thereupon
progressed this claim to the Third Division
under date of June 23, 1970.
(Exhibits not
reproduced.)
OPINION OF BOARD:
The work involved in this dispute was that
which we found to have been improperly given to outsiders in our Award No.
18559. The present Claimants participated in the benefits flowing from that
award to the extent of their proportionate share. There is shown here
neither further violation of the Agreement nor basis for further award, and
this claim must therefore be dismissed.
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 violation is covered by Award 18559.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1971.
Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
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