NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19858
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company (Lines West) that:
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly the Scope, when, without previous knowledge to the Organization,
it arranged for and/or permitted other than its own signal maintenance forces
to perform signal maintenance work on the entire signal layout at Chehalis
Junction Interlocking, with parts of signal network located on Milwaukee trackage after changes were
maintained entirely by Milwaukee Railroad signal maintenance forces for more
than thirty years.
(b) Carrier should compensate Signal Maintainer J. H. Cole at the
overtime rate ($5.68 per hour when claim was initiated January 8, 1971) for
two hours per week, in addition to his regular forty hours straight-time per
week, beginning November 16, 1970, and continuing until the particular maintenance work is returned
until the matter is settled by agreement between Carrier and this organization.
/Carrier's File: Case No. F-1072/
OPINION OF BOARD: A review of the entire record shows that the claim submitted
to this Board has been enlarged beyond the claim handled on
the property. Moreover, it appears that the original claim was resolved by the
parties.
While the record is not precise in demonstrating the extent of the
claim, the Board concludes that the Organization's correspondence of March 17,
1971 and April 29, 1971 limits the relief sought to the rights to perform
certain work concerning the approach track circuits and distant signals located on Milwaukee Trackag
Chairman (while the dispute was being prosecuted on the property):
"...the maintenance of track approaches and distant
signals which are retained in connection with the
interlocking has already been agreed to be part of
Maintainer Cole's responsibility for maintenance and
operation under the agreement."
Award Numbor 20132 page Z
Docket Number SG-19858
The claim submitted to this Board is much broader. It is long
established that this Board is barred from consideration of issues raised
here for the first time (Award 18122 (Dorsey)), and that charges or arguments not raised on the prop
19746 (Lieberman). See also Awards 19454 (Cole), 19306 (Devine), 19101
(Dugan), 18656 (Devine) and 18247 (Dugan).
Because the parties reached agreement concerning the claim considered on the property, there is
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 is dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
1416
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1974.
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