Award No. 18929
Docket No. SG-13682
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Don Hamilton, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY-Coast Lines
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Atchison, Topeka and Santa Fe Railroad
Company:
(a) That the Carrier violated the current Signalmen's Agreement
when it assigned employes not covered by the Signalmen's Agreement
to maintain microwave equipment used to transmit TCS code between
Bakersfield and Barstow, California.
(b) That the Carrier be required to compensate Signal Maintainers
V. L. Hess, E. Estrada, and O. P. Smith, with headquarters at Bakersfield, Edwards and Barstow respectively, at their respective pro rata
rates of pay for an equivalent amount of time as that worked by employes of the Carrier who are not covered by the Signalmen's Agreement, but who are assigned to maintain the microwave equipment that
transmits TCS code between Bakersfield and Barstow. This claim to
commence sixty days prior to the time the claim was filed with the
Carrier on September 28, 1960, and to continue until the Carrier assigns
the work in question to employes covered by the Signalmen's Agreement. (Carrier's File No.: 132-118-9)
EMPLOYES' STATEMENT OF FACTS: The Scope Rule of the current
Signalmen's Agreement allots to employes covered by that Agreement the right
to construct, install, maintain and/or repair the Carrier's centralized traffic
control, including its appurtenances and appliances. The Signalmen's Agreement
also states that signal forces will perform any work generally recognized as
signal work.
Signal forces, until recently, have performed all work in connection with
the apparatus used to transmit TCS code. For information of the Board, we
point out that TCS and CTC are synonymous. Also, the Signal Section of the
Association of American Railroads defines Centralized Traffic Control as:
"A term applied to a system of railroad operation by means of
which the movement of trains over routes and through blocks on a
designated section of tracks is directed by signals
controlled from a
designated point without requiring the use of train orders and without
the superiority of trains." (Emphasis ours)
third shift, seven days per week, whose duties include the maintenance of (1) the radio station at pisgah, (2) talk back speakers.
automatic dial telephone system and intercom systems at Barstow,
(3) radios on yard locomotives and all road locomotives and cabooses
passing Barstow, including repairs- of all such radios that have failed
as well as the usual 4-month service checks, (4) the numerous radio
pak sets and base station utilized by Mechanical Department inspectors at Barstow, (5) the microwave terminal at Barstow and repeater
at Flash 2. During the month of October the Communications Department technicians at Barstow devoted only 18 hours to the maintenance of microwave.
The claimants named in Item (b) of the Employes' Statement of Claim
were, as of the date the claim was initially presented to the Carrier, regularly
assigned as Signal Maintainers with territories and headquarters listed below:
Assigned Section or
Name Headquarters Territorial Limits
O. P. Smith Byrstow MP 748 - MP 783
E. Estrada Mojave MP 783 - MP 818
V. L. Hoss Bakersfield MP 885 - MP 892.5
In their initial presentation, as well as in their subsequent handling of
the claim in the instant dispute with the respondent Carrier, the petitioning
Brotherhood's representatives failed to submit any information either as to
(1) the nature of the maintenance work that is alleged to have been improperly assigned to and performed by employes other than signal employes,
(2) the amount of time that was alleged have been devoted to such maintenance work or (3) the locations and dates on which such maintenance work
was alleged to have been performed by other than signal employes.
(Exhibits not reproduced.)
OPINION OF BOARD: This is a dispute between Brotherhood of Railroad Signalmen and the Atchison, Topeka and Santa Fe Railway Company.
It involves a third party question concerning the electrical workers.
Proper notice has been given and the requirements of the Union Pacific
case have been met.
We are of opinion that Award No. 14924, adopted November 10, 1966, and
written by Referee David H. Brown is controlling in this case.
Although we do not re-adopt all of the language of said opinion as our
own, we do agree with the conclusion reached therein and cite the same as
precedent for this case.
Therefore, based on Award No. 14924, this claim is denied.
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:
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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: E, A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 7th day of January 1972.
Keenan Printing
CO.,
Chicago, 111. Printed in U.S.A.
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