NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19584
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT
OF
CLAIM: (a) Carrier violated the current Signalmen's Agreement, as
amended, particularly the Scope, when, on April 6 and 7 and
May 27, 1970, Communication employes or persons not covered by the Signalmen's
Agreement were used to perform recognized signal work in connection with in
stallation of Automatic Car Identification apparatus at South Park, Kentucky.
(b) Carrier should now be required to compensate the six (6) senior
signalmen of Louisville Division Signal Gang No. 12 for eight (8) hours each at
their respective straight-time hourly rates for April 6 and 7, 1970; and five
(5) seniorsignalmen of said gang for eight (8) hours each for May 27, 1970, plus
all time spent on the project by Sylvania employes and all time Wabco employes
are used installing and testing the apparatus at the referred-to location.
(Carrier's File: G-304-9; C-304)
OPINION
OF
BOARD: This dispute concerns persons not covered by the Signalmen's
Agreement installing Automatic Car Identification apparatus.
The same basic issue and Scope Rule, involving the same parties, was
considered by this Board in Award 19259 (Devine). After consideration of contentions similar to thos
" ...., the Board finds that the Petitioner has not proved with
probative evidence that the Automatic Car Identification apparatus is in fact a part of the signal s
apparatus is activated by the signal circuit does not in and of
itself make the equipment part of the Carrier's signal system.
The claim will be dismissed for lack of proof."
This Board has considered the entire record and concludes that the
Organization has not produced probative evidence of a nature to suggest a result
contrary to the one contained in Award 19259. Accordingly, the claim will be
dismissed.
Award Number 19854 Page 2
Docket Number SG-19584
FINDINGS; The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds 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 Claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
. ~1
xecutive Secretary
Dated at Chicago, Illinois, this 13th day of July 1973.
s.