NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20600
Irwin M. Lieberman. Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATE~ZNT OF CLAIM: Claims of the General Committee of the Brotherhood of
Railroad Signalmen on the Baltimore and Ohio Railroad
Company that:
Claim No. 1:
Claim (a) The Signalmen's Agreement was violated by the welding
unit in charge of Mr. Clyde Kennell, when the unit recently thermo welded
approximately 40 joints on the recently installed welded rail between.Mile
Post 38 pole 20 to Mile Post 45. The welding unit removed all cadweld
signal bonds installed by signal forces. The violation occurred between
August 14, 1972, and August 29, 1972, a total of twelve days.
(b) The Carrier instructed Signal Maintainer Harrison Mickey
not to follow the welding unit and remove the bonds from the joints to be
welded.
(c) Harrison Mickey now be allowed one hour at time and one half
rate of pay per day for twelve days. ZCarrier's file: 2-SG-59/
Claim No. 2:
Claim (a) The Signalmen's Agreement was violated when Mr. W. R.
Flinn, Signal Supervisor, instructed Signal Maintainer E. K. Dunn, Jr., on
August 15, 1972, not to follow the welding unit in charge of Mr. Clyde Kennell, when the unit thermo
1972 and September 15, 1972 on the recently laid welded rail between Mile
Post 16-03 and Mile Post 21-30. The welding.unit removed the cadweld signal
bonds installed by the signal forces.
(b) The Carrier violated the Signalmen's Agreement by having the
welding unit remove the signal bonds.
(c) Signal Maintainer E. K. Dunn, Jr. now be allowed one hour per
day at one and one half rate of pay for a period of twelve days. farrier's
file: 2-SG-60/
I.
Award Number 20712 Page 2
Docket Number SG-20600
OPINION OF BOARD: The Claims herein arose as a result of the installa
tion of continuous welded rail on Carrier's Wheeling
and Pittsburgh Subdivision during August 1972. The issue is whether the
Scope Rule of the Agreement was violated when employes of the Maintenance
of Way Department, welders, removed the bond wires from the joints in the
course of making their welds. An identical dispute involving the same
parties was before this Board and resolved by Award 20536. In that Award
we held that the knocking off and scrapping of bonds in the course of in
stalling continuous welded rail was not work covered by the Scope Rule of
the Signalmen's Agreement since that work did not include repairing or re
placing of the bond wire. That Award is controlling in this dispute and
must be followed.
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
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
I~i
Executive' Secretary
Dated at Chicago, Illinois, this 9th day of May 1975.
.:I