NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20400
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of
Railroad Signalmen on the Chicago and North Western
Railway Transportation Company that:
(a) The Carrier violated and continues to violate the current
Signalmen's Agreement in effect on the Missouri Division of the Chicago
and North Western Ry. (formerly the Chicago Great Western), in particular the Scope, when starting N
or permitted employes of the Communications Dept. who hold no seniority
and are not covered by the Agreement to relocate and transfer and tie in
signal circuit wires on the Communications Dept. pole line, between M.P.
145 near Diagonal, Iowa, and continuing to M.P. 157 located near the town
of Arispie.
(b) The Carrier now be required to compensate the following
employes members of the signal crew, at their respective rates of pay
the amount of time consumed by employes of the Communications Dept. in
doing this work and continuing until the Scope Agreement is complied
with. J. M_ Frizer, T. E. Stirling T. E. Engel.
/Carrier's File: 79-30-16/
OPINION OF BOARD: This dispute involves an alleged Scope Rule viola-
tion wherein Petitioner contends that Carrier caused
pole-line wires of its signal facilities to be transferred from one
crossarm ("field-side") of the pole to another ("track-side") by employees of its Communication Depa
work is reserved to Signal Department employes it represents.
Carrier takes the position that the claim is procedurally defective in that Petitioner had faile
expressly denies that craft lines were crossed and asserts that Petitioner
failed to produce evidence of any violation during handling of the claim
on the property.
Close examination of the record reveals that Petitioner did not
name claimants in handling with the Carrier's highest officer, although
they were named at subordinate levels. Moreover, we find no evidence of
handling on the property which shows a-eroasing of craft lines. Petitioner's
exhibit purporting to demonstrate such violation was not handled on the
property and comes too late on first introduction at the Board level.
Petitioner's position is accordingly without support and the claim must
be dismissed.
Award Number 20598 Page 2
Docket Number SG-20400
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 Agreement was not violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
&.O?AA.A
By Order of Third Division
ATTEST: I
Executive ecretary
Dated at Chicago, Illinois, this 31st day of January 1975.
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