NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20128
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Louisville and Nashville Railroad Company that:
(a) Carrier violated the current Signalmen's Agreement, as
amended, particularly the Scope, when,on May 24, 1971, at Perritt, Ken
tucky; on June 28 and 30, 1971, at Typo and Holt, Kentucky; and on
July 12 and 13, 1971, at Busy and Krypton, Kentucky, it contracted out
and/or assigned to a person not covered by the Agreement, namely,
an H. Napier Construction Company employe (C. Spicer), recognized
signal work of digging trenches with a backhoe for underground signal
cable and holes for signal foundations in connection with rearrangement
of signals on the EK Subdivision.
(b) Carrier should now be required to compensate Signalman
J. B. Cahal of Signal Gang No. 26-Cincinnati Division for forty-four
and one-half (44 1/2) hours at his time and one-half rate of pay for
the violation cited in part-(a) of this claim. _
/Carrier's File: G-201-2; G-201/
OPINION OF BOARD: The dispute involves the Carrier's contracting the
digging of trenches for underground signal cables
and holes for signal foundations. The Petitioner contends that the work
involved is generally recognized signal work.
From a review of the record in the case and prior awards
of this Board involving the same parties, it is clear that the parties
to the Agreement have recognized that trenching for signal cables is
signal. work. See Awards 11142 and 11451. In those cases the Carrier
assigned a signalman to work with the operator of the machines.
': We will sustain the claim for 44 1/2 hours but at straight
time rate instead of at time and one-half rate.
Award Number 20559 Page 2
Docket Number SG-20128
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated.
A W A R D
Claim sustained to extent indicated in Opinion.
NATIONAL RATLROA))
AD.TTTSTMFNT TMAnn
By Order of Third Division
ATTEST:
~ ~ All
. Dated at Chicago, Illinois, this 13th day of December 1974,