NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21085
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Rail
road Signalmen on the Chicago and North Western Trans
portation Company:
(a) The carrier violated and continues to violate the current Bignalmen's Agreement bearing effectiv
two (2) and three (3) by working an Ase't. Signal Maintainer under the direct
supervision of a Leading Signal Maintainer.
(b) Carrier should now be required to pay the signal maintainer
rate of pay to Aas't. signal maintainer who was or is used to work directly
with and under the supervision of the Leading Signal Maintainer, starting
60 days prior to the date of this claim and until this violation is corrected.
(Carrier's file: 79-8-161)
OPINION OF BOARD: After 1972, Carrier made extensive changes in its signal
maintainer positions and territories. A series of claims,
involving a variety of issues, have been presented to this Board as a result.
This claim concerns the assignment of a Leading Signal Maintainer
and an Assistant Signal Maintainer at one territory headquarters, and assignment of a Signal Maintai
that "Signalman" !a not used as a generic term in the Agreement, and that Carrier's action
"(d) Leading Signal Maintainer:
A signalman assigned to work with and direct the work of
seven or less signalmen, and assigned to a certain section,
shop, or plant, will be classified as a leading signal
maintainer."
"3. (a) An employe in training for a position of signalman,
working with or under the direction of a signalman, will be
classified as an assistant signalman or assistant signal maintainer, according to the classification
working."
Award Number 21097 page 2
Docket Number SG-21085
Carrier, in addition to its arguments on the merits, asserts
that the claim attempts to split a cause of action and that it is barred
by the time limits rule. Because the claim is disposed of on its merits,
it is unnecessary to consider the procedural issues.
We are unable to conclude that Claimant has satisfied the burden
of showing a violation. 3(a) designates an Assistant Signalman as an em"
ploye in training for a signalman position, working under the direction of
a signalman. 2(d) defines Leading Signal Maintainer as a signalman. A
finding that the parties intended the conclusion advocated by the Organization would require a much
of the cited agreement language.
See Awards 11173, 13233, 13950 and 14131.
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 claim be dismissed for failure of proof.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
P
P"
/19e~
" Secretary
Dated at Chicago, Illinois, this 14th day of June 1976.