NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20705
Joseph A. Sickles,
Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(J. F. Nash and R. C. Haldeman, Trustees of the
( Property of Lehigh Valley Railroad Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Lehigh Valley Railroad Company:
On behalf of Signal Foreman Donald E. Allardyce for twelve hours' pay
for September 16, 1972, and five hours' pay for September 17, 1972, at $8.28
per hour, account not called to supervise two Signalmen from his construction
gang who were called to work at derailment at East End of Carton Interlocking
Plant on those days.
OPINION OF BOARD: On September 16, 1972, Carrier called a Signal Maintainer
to make signal repairs caused by a derailment. Thereafter,
two Signalmen were called to assist him.
Claimant asserts that the Agreement was violated because a Signal
Foreman was not used, citing Article I, Section 1:
"SIGNAL FOREMAN - an employe assigned to the duties of supervising the work of signal constructi
Although the record contains certain references to an "emergency",
we feel it unnecessary to pursue that concept in this dispute.
As we read the cited rule, we fail to note a requirement for use
of a Signal Foreman under the circumstances presented here, and Claimant has
not demonstrated that need. We do not find that a construction gang was utilized. Rather, a Signal M
us that, under those circumstances, it was necessary to call a Signal Foreman.
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;
Award Number 20812 Page 2
Docket Number SG-20705
That this Division of the Adjustment Board has jurisdiction
aver the dispute involved herein; and
That the Agreement was not violated.
A W A R p
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~.
~~
Executive Secretary
Dated at Chicago, Illinois, this 29th day of August 1975.
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