NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-17297
Robert M. O'Brien, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEMENT OF CLAIM; Claim of the General
Committee of
the Brotherhood of Railroad
Signalmen on the Southern Pacific Company (Pacific Lines) that:
(a) The Southern Pacific Company violated the current Signalmen's Agreement effective April 1, 1
failed and/or declined to apply the Scope Rule, which
resulted in
the violation of
Rule 70, by assigning the recognized signal work of installing switch heaters at
both ends of the Bray, California siding to employee not covered by the Signalmen's
Agreement.
(b) Leading Signalman E. G. White; Signalmen Larry Barker, Glen Phipps,
and W, R. Anderson be allowed eight (8) hours each at their respective rates of pay
for May 16, 17, 18, 19, 20, 23 and 24, 1966. (Carrier's File: SIG 152-201)
OPINION OF BOARD: The dispute arose when Carrier assigned other than signal em-
ployees to
install electric switch heaters at various locations
in California between May 16 and May 24, 1966,
The parties, the issues and the applicable Rules are identical to those
present in Award 19506, and for the reasons stated therein the claim will be
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:
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee 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 30th day of November 1972,