NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20308
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Company (former Pacific Electric Railw
(a) The Southern Pacific Transportation 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), and particularly the
Scope Rule and Rule 8 of Article 1, when it allowed Signal Maintainer to
perform work that belongs to the Bonder and Welders.
(b) Mr. L. Phillips and Mr. W. Luttrell be allowed two hours
and forty minutes at the time and one-half rate for December 15, 1971, and
two hours and forty minutes at the time and one-half rate of Bonder and
welder for December 30, 1971. (Carrier's File: SIG 152-298)
OPINION OF BOARD: This case presents claims that on two occasions, Decem-
ber 15 and December 30, 1971 Carrier violated the Agree-
ment between it and the Brotherhood of Railroad Signalmen because a signal
maintainer performed signal bonding work on the dates in question. Petitioner
insists that such work is exclusively reserved by the Agreement to employes
classified as Bonders and Welders and may not be performed by others, includ
ing Signal Maintainers. Thus we are presented with the anamolous situa
tion of signal employes (bonders and welders) challenging the performance
of signal work by another signal employe (signal maintainer), as a violation
of the Scope and Classification Rules in the Signalmen's Agreement which
covers both groups.
To place this controversy in perspective, it should be noted
that unlike many other Signalmen's Agreements, the Agreement herein between
the Southern Pacific Transportation Company (former Pacific Electric Railway
Company) and its signal employees categorizes classes of employees and provides for separate seniori
Accordingly, our decision in this case is of limited application to the
unique facts and Agreement involved herein.
Award Number 2053 Page 2
Docket Number SG-20308
Petitioner argues that the specific classification rules and
separate seniority districts clearly indicate the intent of the parties
to e:clusiveiy reserve unto bonders and welders the work here in issue.
Premised upon this theory that express contract language controls,
Petitioner maintains that past practice is superfluous and irrelevant
to this case.
It is well established by this Board that exclusive work claims
must find support either in clear and unambiguous contract language or in
custom, history and practice of sufficient duration to indicate the mutual
intent of the parties. Failing such support in the Agreement or in past
practice such claims cannot stand.
We have carefully examined the contract language relied upon by
Petitioner in support of this claim. We cannot find in these classification and seniority rules clea
exclusively to employes classified as bonders and welders. Nor does custom and practice lend support
record indicates that for some 12 years former Pacific Electric Signal
Department employees have been doing some bonding work in emergency
repairs to signal failures or damages.
Petitioner further asserts that several similar claims have been
settled on the property on a basis satisfactory to the employes, and argues
therefore that these claims must also be paid. Under principles too well
established to require lengthy discussion, we do not consider local settlements probative or relevan
do otherwise would discourage the policy of grievance settlement and compromise inherent in our syst
Close analysis of the instant record shows that the claim for
December 15, 1971 was initiated on February 14, 1972, more than 60 days from
the alleged violation. Accordingly such claim was not handled on the property in a timely manner and
December 30, 1971 has no support in the Agreement or in practice, as noted
above. Consequently both claims must be and are denied.
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;
_I
Award Number 20543 Page 3
Docket Number SG-20308
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
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 13th day ofDecember 1974.