NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20781
Francis X. Quinn, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Company: Railroad Signalmen on the Norfolk and Western Railway
(a) The Carrier violated the current Signalmen's Agreement, particularly the Scope and Rule 8 (1
Signalmen's Agreement to perform signal work at Portsmouth, Ohio.
(b) The Carrier now pay Signal Maintainer Nelson Bellar eight and
one-tenths (8.1) hours at his overtime rate of pay for the violations cited
in part (a):
(1) On Friday August 18, 1972, an electrician was
called to replace an amber lamp at West Avenue, Portsmouth, Ohio, (2.7 hours).
(2) On Tuesday September 5, 1972, a switch tender installed an indication lamp in the switching
the switch tender shanty, West Avenue, Portsmouth,
Ohio (2.7 hours).
(3) On Thursday September 21, 1972, an electrician installed an amber lamp at the switch tender
Avenue, Portsmouth, Ohio, (2.7 hours).
The foregoing, initiated under date of October 5, 1972, was supplemented by the following:
"This claim is filed as a continuing violation in accordance with Rule 52 (3) of the current Sig
Under date of July 9, 1973, the foregoing was supplemented by the
following:
"Below is a list of continuing violations that have occurred since the above claims were present
Carrier:
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Award Number 20846 Page 2
Docket Number SG-20781
(1) On Monday October 30, 1972, an electrician installed
an amber lamp in the switching signal at the switch tender
shanty, West Avenue Portsmouth, Ohio, (2.7 hours).
(2) On Wednesday November 15, 1972, an electrician installed
a red lamp is the switching signal at the switch tender shanty,
West Avenue, Portsmouth, Ohio, (2.7 hours).
(3) On Tuesday December 14, 1972, an electrician installed
an amber lamp in the switching signal at the switch tender shanty,
West Avenue, Portsmouth, Ohio, (2.7 hours).
(4) On Thursday February 1, 1973, an electrician installed an
amber lamp in the switching signal at the switch tender shanty,
West Avenue, Portsmouth, Ohio (2.7 hours).
(5) On Thursday March 1, 1973, an electrician installed as
amber lamp in the switching signal at the switch tender shanty,
West Avenue, Portsmouth, Ohio, (2.7 hours).
(6) On Monday March 26, 1973, an electrician installed an amber
lamp in the switching signal at the switch tender shanty, West
Avenue, Portsmouth, Ohio (2.7).
(7) On Wednesday May 2, 1973, an electrician installed an amber
lamp in the switching signal at the switch tender shanty, West
Avenue, Portsmouth, Ohio, (2.7 hours).
OPINION OF BOARD: Two previous awards, 20528 and 20690 involving the same par
ties and the same issue are clear in establishing that
the organization has the burden of proof in disputes such as this involving
exclusivity. The record in the instant dispute contains no new material
evidence which would persuade us to change the view expressed in these
earlier awards. We find Awards 20528 and 20690 to be controlling and must
deny the Claims herein.
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 20846 Page 3
Docket Number SG-20781
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Petitioner has failed to meet its burden of proof.
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois this 24th day of October 1975.
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