NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20347
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Peoria and Pekin Union Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Peoria and Pekin Union
Railway Company:
For an amount of money, including overtime payments, equal
to the amount now being expended to ACI Corp. for the use of its employes to maintain the ACI equipm
leased from ACI Corp., or an amount of money, including overtime payments, which would have been pai
duties been properly assigned to one, whichever is the larger amount.
The money claimed should be distributed to all P&PU signal employes
in the following manner:
Assistant Signal Maintainer L. C. Hendon, who is the senior
Assistant, has been obviously deprived of promotion to Signal Maintainer because of the contracting
and should be paid the difference between his rate and that of Signal Maintainer throughout the clai
After claim on behalf of Mr. Hendon has been satisfied,
the residue of claim money should be equally distributed to all P&PU
signal employes, including Mr. Hendon--namely, Messrs. R. H. Greenway,
L. 0. Crotts, R. C. Dillow, L. C. Hendon, and W. W. Lloyd.
Claim is retroactive 60 days from date (January 28, 1972)
of this letter and continuing until the violation is corrected.
/Carrier's File: A-TC 49-72/
OPINION OF BOARD: Carrier leases from ACI Systems Corporation certain
automatic car identification equipment, which said
Corporation installed and maintains on Carrier's property. Ownership
of the equipment remains in ACI Corporation.
The instant claim avers that use of ACI employes to maintain the equipment is a violation of the
organizations; Brotherhood of Railway Airline and Steamship Clerks,
i
Award Number 20757 Page 2
Docket Number SG-20347
T-C Division; Brotherhood of Maintenance of Way Employes; International
Brotherhood of Electrical Workers and the Railway Employes Department,
AFL - CIO.
We have studied the record herein including many Awards,
all denying similar claims. Essentially the same issue was presented
in denial Award 19259 (Devine) wherein we stated:
". ..,
the Board finds that the Petitioner has not proved
with probative evidence that the Automatic Car Identification apparatus is in fact a part of the sig
The tact that the apparatus is activated by the signal
circuit does not in and of itself make the equipment part
of the Carrier's signal system.
The claim will be dismissed for lack of proof."
vie find in the instant case nothing to warrant a result
contrary to that in Award 19259. See .Aso. Awards 19386, 19694,
and 19854. Accordingly we shall dismiss the claim.
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
the Railway Laboi ..".ct, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was not violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
Ay Order of nird Division
ATTEST: jrr& Executive Secretary
Dated at Chicago, Illinois, this 18th day of July 1975.