NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
SG-19343
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
((Pacific Lines)
STATEt".ENT OF CLAIM: Claims of the General Committee of the Brotherhood o!
Railroad Signalmen on the Southern Pacific Transportation
Company (former Pacific Electric Railway Company) that:
Claim No. 1
a The Southern Pacific Tranoportation Company violated
the current Agreement between the former Pacific Electric
Railway Company and its Employes, represented by the
Brotherhood of Railroad Signalmen, effective September 1,
1949
(including revisions), particularly the Scope Rule.
(b) Messrs. W. Easterman, R. Minard, J. Duff, C. Hurt,
P. Meders and J. Shumate be allowed eight
(o)
hours at
their resnpctive basic daily rats of p.^y for September 26,
1969, in rddition to compensation previously c1lowed for
that dote.
fcarrier's File: SIG 152-26)
Claim No. 2
a. The Southern Pacific Transportation Comppny violated
the current Agreement between the forner Pacific Electric
Railway Company end its Employes, represented by the
Brotherhood of Railroad Signalmen, effective September 1,
1949
(including revisions), particularly the Scone Rule.
(b) Messrs. W. Easterman, R. blinard, J. Duff, C. Hurt,
P. Meders, and J. Shumate be allmited eight
(8)
hours at
their respective basic daily rate of pay, in addition
to other compensation previously allowed for October 21,
1969.
fC-arrier's File: SIG 152-26)
OPINION OF BOARD: Claimants are employed in Carrier's Signal Department.
On September 26 and October 21,
1969,
in connection with
moving an oversized barge-like piece of equipment (for over-seas shipment)
along city streets in Long Beach, California, employees of Contractors Cargo
Company removed and reset Carrier's Signal F1=.sher (a highway crossing
protection device) at 7th Street and Pico Avenue to make room for passage.
Award Number 19595 Page 2
Docket Number
SG-19343
Petitioner claims (without denial by the Carrier) that under the
Agreement the work of removing and resetting the Flasher was reserved to
Carrier's Signal Employees. The Organization claims that "in allowing
the employees of Contractors Cargo to perform signal work" the Carrier
violated the Agreement.
The record contains no probative evidence that the Carrier
authorized or "allowed" the work in question to be performed by employees
of Contractors Cargo; the Carrier denies that it gave any ^ermission or
authority for the work. There is even sore question as to Carrier's
'cnowledge of the worn: till after the fact.
I.-..`.ward No. l-0"5 we held:
"...if any wor:f: was performed on Erie-Lackaw:u;na property
or equipment, it was performed without Uhe consent or
agreement ox Erie-Lac::awanaa Railroad. Tterefore, the
burden of proof shifted to the Org<ni7atien to Usorove
Carr·_er's contentions. The record in void of cr;/
such rrcof -nd it, rust be concluded th;l.t the Or-rnization
h,-,s failed to lust:.in its burden. To hcld C!%rrier
resnensit,le :or ;.:onnn ; un^uthorizsd ;:,ct would nl^cc
Carrier in -r indefensible no.7ition. ::e .;rr^irds
~'f,'1+7,
105401, 1007, 146:;:3, .rind 14'? <rnon- n:rL· cthcr^."
:!e ha11 reafirm t ·ie rosition e:hich we '-we tn'.-en in
.^..
long line
of cases ch:.t ccncuct of tn9.rd F^rties which is not: -u'~:hori-cd by the Carrier
cannot ocrve ^-.,~. -,.)7rr b sis for clcim^. such. -o in this c-Isc.
?IT'n7`~IS: The Third Divisicn of the Adjustrnnt :card, upon. t::e whole record
^nd °11 the ev-idencc, finds c.nd holds:
That tae -:_rtics :.dived cr-:1 he-.rinL;
That the C -rricr ~.nd the Eraloycs
inv^l,·ed in
this dispute are
respectively Carrier
=.nd re)leyes
within
t._^_
n^-Tlin:- of the anilway IK1bor
Act, as approved June 21,
1;34;
Th^.t thi^ Pivicicn of the Ad,~str.^nt. L:,-·rc h~.s j·irisdiction over
the dis~·.tc involvcd herein; end
Th-.t the AEreement was not violated.
i
Award Number 19595 age 3
Docket Number SG-19343
A W A R D
CL=im denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: i / . e";VK#,ftq
.Oe
Executive ~scro t~.ry
Dated at Chica;·o, Ill:.noie, i,"i^ 14th -,r of February 1973.