NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21152
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claims of the System Committee of the Brotherhood of Rail
road Signalmen on the Chicago and North Western Transpor
tation Company:
Claim No. 1:
S-85 (a) The Carrier violated and continues to violate the current Signalmen's Agreement bearing
two (2) and three (3) working an Asst. Signal Maintainer under the direct
supervision of a Leading Signal Maintainer.
(b) Carrier now be required to pay the signal maintainer rate of pay to the
Asst. Signal Maintainer who was used to work directly with and under the supervision of the Leading
prior to the date of this claim and until this violation is corrected.
Claim No. 2:
S-86 (a) The Carrier violated and continues to violate the current Signalmen's Agreement bearing
(2) and three (3) by working an Asst. Signal Maintainer under the direct
supervision of a Leading Signal Maintainer.
(b) Carrier now be required to pay the signal maintainer rate of pay to the
Asst. Signal Maintainer who was used to work directly with and under the
supervision of the Leading Signal Maintainer at St. Francis, Wis. starting
60 days prior to the date of this claim and until this violation is corrected.
Claim No. 3:
S-87 (a) The carrier violated and continues to violate the current Signalmen's Agreement bearing
(2) and three (3) by working an Aset. Signal Maintainer under the direct supervision of a Leading Si
(b) Carrier now be required to pay the signal maintainer rate of pay to the
Asst. Signal Maintainer who was used to work directly with and under the supervision of the Leading
prior to the date of this claim and until this violation is corrected.
(Carrier's file: 79-8-166)
Award Number 21098
Docket Number SG-21152
This dispute presents claims to the Board which are
the same, in concept, as the one presented in Award
OPINION OF BOARD:
21097.
Page 2
We have considered the factual circumstances and assertions and
defenses in both disputes, and we feel that our disposition in Award 21097
is equally applicable here.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finda:aad holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee 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.
ATTEST:
xaeutive Secretary
Dated at Chicago, Illinois, this 14th
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
day of June 1976.