NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19108
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(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) Carrier violated the Signalmen's Agreement, particularly the
Scope, when, on July 9, 1969, communications employe J. W. Pitts, not covered by
the Signalmen's Agreement, was permitted or required to perform recognized signal work in connection
(b) Carrier now pay W. B. Alexander, Ocala Signal Shop, for 11 hours
and 45 minutes at his overtime rate in addition to any pay he has already received for July 9, 1969,
15-1)
OPINION OF BOARD: On July 8, 1969 a storm severely damaged a hot box detector
at Winterhaven, Florida. The dispatcher called Signal Maintainer Hoffman to make the repairs. Carrie
Pitta to obtain certain equipment from the Signal Shop at Ocala and deliver it
in the company truck to Signal Maintainer Hoffman and assist him with the repairs.
The Organization alleges that the utilization of Pitts in the above described
manner was a violation of the Scope Rule. Claimant Alexander was the senior
employe in the Signal Shop who had a valid drivers license which would permit
him to operate the company truck.
During the handling on the property the Organization alleged that the
Hot Box Detector was signal material. The Carrier has consistently denied this.
The Claimant has failed to meet his burden of showing that what was
involved in the instant case was the movement of Signal equipment. Absent
evidence substantiating the allegation we must dismiss the claim.
FINDING: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
:i
Award Number 19386 Page 2
Docket Number SG-19108
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 W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of July 1972.