NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20847

THIRD DIVISION Docket Number W-20902

Francis X. Quinn, Referee (Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE- .
(R. C. Haldeman, Trustee of the Property of the
( Lehigh Valley Railroad Company, Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated on February 21 and 22, 19'/3 when other than track department forces were used during overtime hours to operate crossover switches by sequentially spiking the switch point against the switch rail; removing the track spike; moving the switch point against the other switch rail by using track lining bars; replacing the track spikes, etc.

(2) Track Laborer Conan P. Anthony be allowed six (6) hours of pay at his time and one-half rate and Area Foreman James J. Arnold be allowed six and one-fourth (6-1/4) hours pay at his overtime rate . because of the aforesaid violation.

OPINION OF BOARD: The applicable Scope Rule cannot be interpreted to
support the allegation that spiking and respiking is reserved to trackman; neither does the record supply any probative evidence to substantiate such an allegation. The record indicates that the work performed by the signal men was under the jurisdiction of the Signal Department.

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;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

i

Award Number 20847 page 2

Docket Number W-20902

A W A R D

Claim denied.

NATIONAL RAII,RaqD ADJUSTMENT BOARD

By Order of Third Division

ATTEST. 4scutive Secretary

Dated at Chicago, Illinois, this 24th day of October 1975.