NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20688
Francis X. Quinn, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Erie Lackawanna Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Erie Lackawanna Railway
Company:
On behalf of Mr. W.
K.
French and Mr. R. J. Sykes, Foremen of
Maintainers on the New York Division, account not being called to call
employes for overtime on the following dates:
W. K.
French - March 18, 1973 2-2/3 bra. Trouble Dewey Avenue
2-2/3
~~
"DB"
2-2/3 " Washington Avenue
March 25, 1973 2-2/3 bra. Orchard Street
2-2/3
11
"DB't
2-2/3 " Bowlen Avenue
April 1, 1973 2-2/3 hrs. Dorell Road
2-2/3 " Lyndhurst
R. J. Sykes April 1, 1973 2-2/3 hrs. Trouble Paterson and
Ravine
OPINION OF BOARD: The exclusive right asserted here by Petitioner must
come from the parties' agreement or past practice and
custom on the property. A review of the Agreement and the record persuades
us that it does not give signal department employees an exclusive right to
the work which is the subject of this claim and there is no evidence that
signalmen perform such work on a system-wide basis. Therefore, the claim
must be dismissed.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the employes, 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;
Award Number 20747 Page 2
Docket Number SG-20688
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
ATTEST:
/!!Ot'~
By Order of Third Division
Sri
Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.
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