N·1TTONAL I~AITROAD ADJUST?ENT BOARD
THIRD
DIVISTON Docket Number SG-17549
Alftcd
'I,
Brent, Referee
(Brothcrhuou of Railroad Signalman
PARTIES TO DISPfrTF:
(Southern D:,cific Company (Pacific Lines)
STATEMENT OF CLAIM: Cl,ira of ti. General Committee of the Brotherhood of Railroad Signai
(a) The SouLlrcrn racific Company violated the current Signalmen's
Agreement, effectiv(:.';~:-i1 1, 1947 (reprinted April 1, 1958, including revisions) when it failcc:
the installation and r:aintenance of a part of the CTC system, specifically a
"coupled in motion" .^c.ilc at :;.P. 145.47 at Berg, Calif., to employes not
covered by the Clas:ilicntion 1:ules of our Agreement, c:hich resulted in the
violation of Rule 70.
(b) Mr. C. >I. Davir: be allowed one (1) hour at the straight time
rate of his position for each c.;nek co,mnencinl, Scptembcr 13, 1966, and continuing until th
(c) All future insrallations of "coupled in motion" scales on the
Southern Pacific property lie ,,:;si;;ned to Signal Forces represented by the
Brotherhood of Railroad Signairlen. (Carriscr's File: SIG 152-213)
OPINION OF BOARD: The question raised in this dispute is whether the Signal
men should have been assigned the work on the "coupled-in
motion track scale" installed by the Carrier at Berg. The basic question for
this Board is whether the scale at Berg is part of the CTC system. The Organ
ization contends that because the scale is tied into and operated through and
is a part of the CTC system it is the work of Si.,nalmen. The Carrier contends
that the scale is an inclepeicclent electronic device and is not part of the CTC
system.
r
The Peti.`ie^,,:r ':a·1 t~P .·.rr'.en o= prov-.nR ever; esse·,ti.al elerr,e
claim. '"he ,ere assert`on t'.,at t':e scale -'s pari:
o:7
r':e,_~ syster,_ does not constitute proof. ::e coripled-in-P.o-ion track scale's an i.adepende&
r:nit; ;alts".,er fie ^cale -,s 'e ar, opera::i.ve or inoperative con.lition has rio i;earin_g or ec
of the scale rrack .ire v-1-,ro->r. "1·e "col>e r::1e
of
f:'.e ^,ree:,ent does not
specifically mention ;rack scales and was not v·olated, -.lie arrier's assign.r,.ent of. t::e
o
Award Number 19593 page 2
Docket Number SC-17549
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 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 should be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTI"IENT BOARD
By Order of Third Division
ATTEST:
Executive ,·;7ra&:ry
Dated at Chicago, Illinois, this 14th day of February 1973.'
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