RATIQAL PAM= ADJUSMM BOARD
THIRD DIVISI01( Docket Humber
sG-16858
Robert M. O'Brien, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPfIlz:
fBaltimora and Ohio Railroad Company
STATRIBDZI' OF CLU31: Claims of the General Committee of the Brotherhood of Fail-
roed Signalmea on the Baltimore end Ohio Railroad Company.
that:
(a) Carrier violated and continues to violate the Signalmen's Agreement particularly the Scope, when
1965,
and thereafter,
other than Signal Department Employee vary assigned to install and maintain a
control machine and/or other transmitting and receiving devices at Grafton,
Burnsville Junction, Ceatr111a, and Erbacan, West Virginia, for the purpose of
controlling and indicating the signals and associated equipment between Grafton
and each of the latter three locations mentioned.
(b) Signal Foreman L. Hanlon, Jr., Signalmsa W. D. Nsyle, Sigaslmsn
H. Siders, Jr., Signalman J. S.Lucas; Assistant Sigoalmap L. Siders, Assistant
Signalmen J. L. ?owner, Assistant Signalman J. 8. Davis, Assistant Signalman
K. E.
Rheinhardt; Signal Foreman P. D. Sepfal; Signal Maintainer R. B. MCCua;
Assistant Signalman J. Gray; Signal Maintainer H. W. Richardson and/or their
successors, be allowed an amount of time at their individual applicable rates
equal to that consumed by other persons in installing and maintaining the signal systems at Graftm,
OPMCN OF BOARD: The dispute arises tram Carrier's failure and/or refusal
to assign to Signal Department employee the installation
and maintenance of a control machine and/or other transmitting and receiving
devices. !he claim involves the installation and maintenance of "carrier"
equipment and control machine. It is the Organization's position that the
installation, maintenance, testing and repair of said equipment accrues to
amployes covered by the Signalman's Agreement and that Carrier violated the
Scope
Rao
of said Agreement by a1loring telephone maintainers represented by
the IBZW to perform this work.
Carrier defends contending that the installations are not being
used to operate signals governing train movement; the equipment was not installed four signal purpos
signal purporea, and that the work in question has been historically and
traditionally work of the Communication Department and does not accrue to
employee covered by the Sigoalman's Agreement.
Award Number
19428
Page 2
Docket Number SG-16858
Relative to the "carrier" equipment, we feel the claim is governed
by Awards 18898, 19000 and 19131 involving the same parties, and the same
contentions raised herein, and we do not find those Awards palpably in error.
Consequently, we find that the "carrier" equipment installed in this instance
was installed as part of an overall communications system and this work belongs
to telephone maintainers not claimants. Carrier further contends that the
control machine also was installed as part of an overall communications system
and consequently the installation and repair thereof belongs to telephone
maintainers. It is the opinion of this Board that the reasoning in Awards
18898, 19000 and 19131 is applicable herein and we find that the organization
has failed to adequately refute the Carrier's contention.
FINDINGS: The Third Division of ^he Adjustment Board, upon the whole record
and all the evidence, _inds 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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September
1972.