(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago and North Western Transportation Company:

(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Company when overtime slip for Oct. 15, 1972 submitted by Mr. Ed. Reichhoff for 5 hours and 30 minutes at the double time rate was returned to him unapproved by you on Oct. 17,
(b) Carrier should not be required to allow Mr. Reichhoffs overtime slip as presented to you. (C


(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Company, when on November 14, 1972 overtime slips dated November 8, 1972 and November 9, 1972 each for eight hours at the half time rate of signal maintainer were returned as unapproved to Mr. R. Bethke.

 (b) Carrier should now be required to compensate Mr. Bethke for the total of sixteen hours at the half time rate as shown on above overtime slips. (Carrier file: 79-8-104)

(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Company when: 1. Overtime slip dated Nov. 5, 1972 for (4) hours and 45 minutes at the double time rate of signal maintainer submitted by Mr. Lloyd Pautzke was returned to him unapproved Nov. 8, 1972. 2. Overtime slip dated Nov. 20, 1972 for 3 hours at the half time rate of signal maintainer submitted by Mr. Lloyd Pautzke was returned unapproved Nov. 27, 1972.

 (b) Carrier should now be required to compensate Mr. Pautzke for (4) hours 45 minutes at the double time rate for time spent bonding rail changed out on Nov. 5, 1972 his rest day and carrier should now also be required to compensate him for 3 hours at the half time rate of signal maintainer for the time spent by him on the Oxford territory bonding an open joint at Mile Post 108.4 on Nov. 20, 1972. (Carrier file: 79-8-106)




(a) Overtime slip dated Dec. 2, 1972 for 7 hours at the double _:_.._ .a_~ signal maintainer, $10.55 account the east absolute signal at ~:---·rci ,-t stop; overtime slip dated Dec. 2, 1972 for 5 hours at the double are rate signal maintainer, $10.55, account of open joint at M. P. 108.5; ~id v hours and 30 min. on overtime slip dated Dec. 3, 1972 account east aDsolute and signal 874 Glen Oak at stop, east absolute and signal 901 ,3rand :-!acsh at stop, east absolute and signal 892 Oxford at stop, at the icscle time rate of $10.55 were returned by your office on Dec. 5, 1972 :naoproved to Mr. Lloyd Pautzke signal maintainer at Adams, Wis.
,_ ~.1.ertime pay as supported by the above mentioned overtime slips. ;Carrier file: 79-8-108)

(a) Carrier violated the current agreement between the Brother:ioc_ :~f zailroad Signalmen and t 2:-~anv, :.Tnen overtime slip submitted by Mr. Lloyd Pautzke for (4) hours at :"ie half time signal maintainers rate for inspecting the crossing prot:cc_oz on Nov. 24, 1972 on

,= (':; hours half time rate as shown on his overtime slip. (Carrier file: ii-o-i09)

~;a) Overtime slip dated Dec. 6, 1972 for four hours half time __~;.-.itt~ by Mr. Ed. Reichhoff account of working Adams territory respacing si:;zals b-=-tween Adams and Necedah, Wis. was returned as unallowed by you on _acember 8, 1972.

 (b) Overtime slip dated Dec. 6, 1972 for eight hours at the half ziMe rate submitted by Mr. Reichhoff account of working on the Adams ccrritory re. pacing signals between Necedah and Adams, Wisconsin was recc-._aed as unallowed by you
(z) Carrier should now be required to compensate Mr. Reichhoff -Dr Lfc above time claimed, a total of twelve hours at the half time leader signai :maintainer's rate.

 (a) Overtime slip dated January 1, 1973, four hours at the half time leader signalmens rate, $2.68, submitted by Mr. Ed Reichhoff was returned by you as unapproved

Carrier should now be required to compensate Mr. Reichhoff for z'our hours at the half time as shown on above overtime slip. (Carrier file: 79-8-113)




(a) Overtime slip dated February 17, 1973 submitted by Mr. Ed. Reichhoff for (4) hours at the half time rate of leader signal maintainer was returned by you un
(b) Carrier should now be required to compensate Mr. Reichhoff for the (4) hours half time as shown on his overtime slip. (Carrier file: 79-8-119)

 OPINION OF BOAR : These claims, and the claims considered in Award 20796 ,
 while they differ in some particulars, are based upon
 the same essential facts and require application of the same provisions
 of the Agreement. These claims are denied for the reasons expressed in
 Award 20796 .



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






                        By Order of Third Division


        ATTEST: Executive Secreta


        Dated at Chicago, Illinois, this 29th day of August 1975.

          Dissent to Award 20796, Docket SG-20615

          Award 20797, Docket SG-20616

          Award 20802, Docket SG-20457

          Award 20811, Docket SG-20611


      The Majority in Awards 20796, 20797, 20802 and 20811 has erred.


The Parties' Agreement Rule 76 prohibits the execution by the Carrier of certain direct acts for the purpose of evading its rules. We established many years ago that we would not condone a Carrier's acts to accomplish indirectly that which it is prohibited from accomplishing directly. We have also established that, when one knows the inevitable outcome of a contemplated act, he must be considered to have committed the act with that intent or purpose.

 The confronting records establish that the Carrier did accomplish indirectly that which is prohibited directly and that the Carrier must have known the inevitable outcome of its act. In fact, we believe the record clearly shows that such ras the very reason for the Carrier engaging the "outside consulting firm"; certainly the reverse is not the case.

    Awards 20796, 20797, 20802 and 20811 are in error and I dissent.


                                  W. W. Altus, Jr.

                                  Labor Member