NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20714
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and Station
( Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
1. Carrier violated and continues to violate the Agreement
between the parties when it transferred the work being performed by employes under the Agreement at
to employes not so covered on another railroad and another seniority
district.
2. Carrier further violated and continues to violate the,
agreement between the parties when it transferred the work being performed by employes under the Agr
3. Carrier shall return the work to Chattanooga District
employes of the Louisville & Nashville Railroad Company and for each
day that said work is handled by employes not under the Agreement,
the Carrier shall, commencing October 5, 1972 and continuing thereafter
until the violation ceases, pay the equivalent of a day's pay (eight
hours) in each twenty four hour period, to each of the six senior idle
employes, extra in preference, on the seniority district.
OPINION OF BOARD: The claim alleges that Carrier violated the Agree
ment when it (1) transferred the work being per
formed by employes under the Agreement at East End Avenue, Chatta
nooga, Tennessee, to employes not covered by the Agreement on another
railroad and another seniority district; and (2) transferred the work
being performed by employes under the Agreement at Lewis Street Tower,
Chattanooga, Tennessee, to employes not so covered on another senior
The record shows that the Petitioner also progressed
to the tribunal having jurisdiction, a dispute under the Washington Job Protection Agreement allegin
the Carrier effected a coordination of its facilities at East
;.T
Award Number 20753 Page 2
Docket Number CL-20714
End Avenue and Lewis Street Tower, Chattanooga, Tennessee
with C. T. Tower of the Southern Railway System, Chattanooga, Tennessee,
commencing October 5, 1972. Special Board of Adjustment No. 605 rendered its Award No. 390 on that d
that the changes made did not effect a coordination, and holding that
the record before that Board was barren of any showing that any L&N
work which survived the substantial physical changes made in Chattanooga is now being performed by S
decision disposed of the issues involved in (1) that is, the alleged
transfer of work to employes not covered by the Agreement on another
railroad and another seniority district.
As to (2) the alleged transfer of work being performed by
employes under the Agreement at Lewis Street Tower to employes not
so covered on another seniority district, the Petitioner has not submitted probative evidence to sup
this Board has held, in numerous decisions, that the control of
switches and signals through Centralized Traffic Control systems,
manned by train dispatchers, is not a violation of the Petitioner's
Agreement. Awards 19767, 19594, 19068, 14342, 14341, 10725, 10401,
10303.
We have no alternative but to dismiss part (1) of the
claim, and deny parts (2) and (3).
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 wit
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
Part (1) of the claim dismissed; parts (2) and (3) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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oqwi~"
Executive Secretary
Dated at Chicago, Illinois, this 20th day of June 1975.
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