NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-18173
(Brotherhood of Railroad Signalmen
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railroad
Signalmen on the Chesaoeake and Ohio Railway Company
(Chesapeake District) that:
(a) Carrier violated the current Signalmen's Agreemi:nt, in particular
Rule 1 (scope), when on or about September 1, 1967 it assigned portions of an
electric switch heater installation on crossovers 49 and 51 at the Carntown,
Kentucky, signal interlocking plant (Mile Post 633.5) to employes not covered
and hold no rights under the provisions of the Signalmen's Agreement.
(b) Carrier now compensate the claimants named above at their
applicable rate of pay, in the comparable amount of time that the Carrier used
employes not covered in the Signalmen's Agreement in performing the work as
cited in part (a) of claim. In view of the fact that this facility has not been
placed in service, and that the Carrier's action as stated above is a continuing
violation of our Agreement, we request that this claim be retroactive from
filing date of claim and to continue until such time as the Carrier takes the
necessary corrective action to assign such work to employes covered in the
Signalmen's Agreement.
/Carrier's File: 1-SG-262; X-7-67/
OPINION OF BOARD: On or about September 1, 1967, the Carrier arranged for
the installation of electric switch heaters on Crossover 49
and 51 at Carntown, Kentucky. The switch heaters were to be controlled re
motely from CS Cabin at Stevens, Kentucky, about l7 miles distant. Petitioner
asserts that Carrier violated the Agreement when it assigned portions of the
installation work to employes not covered by the Signalmen's Agreement.
Carrier, on the other hand, points out that the original heaters at
Carntown were propane heaters installed and maintained by other crafts and
that signalmen do "not have the ground of prior right to such work upon
which
to base their contention that they alone should do the installing and maintaining at Carntown of
While the Petitioner contends that the switch heaters involved in
this dispute are an integral part of the interlocking and signal system, it
should be noted that these switch heaters in no way control the movements of
trains in the area involved. Instead, they melt the snow and ice from the
crossovers.
~. a
Award Number 19376 Page 2
Docket Number SG-18173
A review of previous Awards persuades us that work involving snow
removal belongs to maintenance of way employes but that it may be performed
by other employes as an incident of their regular work.
In the case now before us, the Petitioner made no showing that the
work in dispute is of a type historically and customarily performed by Signalmen alone and therefore
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 Claim be dismissed.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 28th day of July 1972.