NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-18918
Arthur W. Devine, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Norfolk and Western Railway Company -- the
former New York, Chicago and St. Louis Railroad Company -- that:
(a) The Carrier violated the Signalmen's Agreement, and especially
Rule 1 (Scope) when on or about September 27, 1968, employes of the Bridge and
Building Department installed oil fuel lines on the switch heaters at No. 31
switch and 33B cross-over near Bellevue, Ohio.
(b) Leading Signalman S. E. Ladd and Signalman D. C. Noirot be paid
at their straight-time rate for an equal number of hours worked on the project
by Bridge and Building Department employes. (Carrier's File: chm/,jsm)
OPINION OF BOARD: The claim herein arose as a result of other than signalmen
installing a fuel line to switch heaters at or near Bellevue,
Ohio.
The record shows that the oil fired switch heaters were installed by
signalmen, and the fuel tank was erected by sheet metal workers. Sheet metal
workers performed the work of burying the fuel line from the storage tank to
the heater. The work in dispute is the burying of the fuel line from the fuel
tank to the heater.
In its submission to the Board the Carrier contends that the claim is
vague and indefinite and was not submitted on the property within the time limit
specified in the agreement.
We find the claim as presented on November 23, 1968, and as progressed
on the property not to be vague and indefinite. It set forth the basis for the
claim and the amount claimed in behalf of claimants, i.e., that they "be paid
at their straight time rate and equal to the number of man-hours worked by B&B
employes who did work on this project." The Carrier's contention as to timeliness
of filing was not actually raised by the Carrier on the property, and, therefore,
will not be considered.
In the handling of the dispute on the property the Petitioner contended:
"About 1960 switch heaters were first installed on the
former Nickel Plate railroad in the vicinity of Conneaut,
Ohio by signal department employees fheretiy eacablishing the
fact that such work was generally recognized signal work
Award Number 19359 Page 2
Docket Number SG-18918
"covered by Rule 1 of the Agreement. About 1966 many switch
heaters were installed by signalmen on the Eastern Seniority
District. Heaters were also installed in the vicinity of
Toledo and Leipsic, Ohio. All work on these heaters was performed by Signalmen, including the instal
At no time did other employees question our right to perform any
of the work involved."
While the assertions by the Petitioner are not to be considered conclusive proof, it did present
burden of going forward with the proof shifted to the Carrier. See Award 12096.
In the handling on the property the Carrier did not meet the burden required of it.
There is no dispute in the record as to the right of signalmen to install
and maintain the switch heaters as such. The burying of the fuel line was incidental thereto. The cl
The Board has considered the submission of the Sheet Metal Workers and
the rule cited therein; however, based on the entire record we find that the
Signalmen's Agreement was violated.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record a
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
orla
Dated at Chicago, Illinois, this 28th c'_;= ~f J~,ly 1972.