NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20515
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE;
(Norfolk and Western Railway Company
STATEMENT OF CLAIM;
Claim No. 1
(a) The Carrier violated the current Signalmen's Agreement,
particularly the Scope and Rule 8 (1), when it used an employe not
covered by the Signalmen's Agreement to replace a signal lamp in the
switching signals at West Avenue, Portsmouth, Ohio, on Thursday, December 23, 1971.
(b) The Carrier now pay Signal Maintainer Nelson Bellar two
and seven tenths (2.7) hours at his overtime rate of pay for the violation cited in part (a).
Claim No. 2
(a) The Carrier violated the current Signalmen's Agreement,
particularly the Scope and Rule 8 (1), when it used an employe not
covered by the Signalmen's Agreement to replace a signal lamp in the
switching signals at West Avenue, Portsmouth, Ohio, on Wednesday, February 9, 1972.
(b) The Carrier now pay Signal Maintainer Nelson Bellar two
and seven-tenths (2.7) hours at his overtime rate of pay for the violation cited in part (a).
Claim No. 3
(a) The Carrier violated the current Signalmen's Agreement,
particularly the Scope and Rule 8 (1), when it used employes not covered
by the Signalmen's Agreement to replace signal lamps in the switching
signals at West Avenue, Portsmouth, Ohio, on Wednesday, February 16,
1972, and Saturday, February 19, 1972.
(b) The Carrier now pay Signal Maintainer Nelson Bellar five
and seven-tenths (5.7) hours at his overtime rate of pay for the violation cited in part (a).
Award Number 20690 Pabe 2
Docket Number SG-20515
OPINION OF BOARD: The Claims herein concern the replacement of in
dicator lights on a switchtender's shanty on Car
rier's property at Portsmouth, Ohio on various dates. Companion claims
to this dispute, involving the identical work at the same location,
were processed by this Board in Docket Number SG-20202. The Board in
Award Number 20528 found that Petitioner had failed to meet its burden
of proof and denied the claims presented in Docket Number SG-20202.
The record in the instant dispute contains no new material evidence
which would persuade us to change our view as expressed in the earlier
case. For this reason we find Award 20528 to be controlling and must
deny the Claims herein.
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 Petitioner has failed to meet its burden of proof.
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
&4U/!
P
Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1975.