NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
SG-21053
Frederick R. Blackwell. Referee
(Brotherhood of Railroad Sigpalmm
PARTIES TO DISPUTE:
The Chesapeake and Ohio Railway Company
( (Chesapeake District)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of
Railroad Signelmen on the Chesapeake and Ohio Railway
Company (Chesapeake District):
a) The Carrier violated the current Signalmen's Agreement, particularly Scope Rule 1, when on and af
22, 1973,
it continues to
assign, or otherwise allow, other than its Signal Employes to repair and/or
maintain the Car Retarder System Air Compressors located in its signal shop
building at Walbridge Yard Hump, Walbridge, Ohio. As a result,
b) Carrier now compensate its Signal Employee named below at
their applicable pro rata rate of pay, and for a comparable amount of time,
for violation cited in part (a):
Russell
G.
Hagley Railway ID Ho.
2286679
Ross A. Updegraff
2288320
William B. Bleau " 2289492
Clarence T. Barney
2289466
Charles Mullholand " 2282758
William E. Rossman " 2287158
Elbert Broughton
2270595
Larry A. Jodouin " 2606917
Clayton W. Jividen
2289277
Elmer 0. Horner, Jr.
2098915
Paul M. Johnson, Jr . 2192973
c) Inasmch as this is a continuing violation, said claim to be
retroactive sixty
(60)
days from date of filing (March
22, 1973)
and to continue until such time as Carrier takes necessary corrective action to comply
with violation cited in part (a).
ZG-feneral Chairman file:
730518-216.
Carrier File:
SG-344)
OPINION OF
BOARD: The record reflects that a claim was filed under date
of
Mary 18, 1973,
alleging a continuing claim on the
ground that the Carrier violated the Signalmen's Agreement when, on and after
March
22, 1973,
it allowed work covered by said Agreement to be performed by
employee other than Signalmen.
Award Number 21099 page 2
Docket Number $G-21053
The record fails to reflect any facts which show that the subje~
work was performed in the manner complained of on March 22, 1973, and the
record also fails to reflect any instance thereafter of the subject work
having been performed in the manner complained of on any date covered by ti
Submissions. The record is thus barren of the requisite evidence to suppo:
the claim and the claim oust therefore be dismissed.
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole reco:
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee 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 Hoard has juriedictiqn
l 1
the dispute involved herein; and
An Agreeamt violation has not been shown.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
~AG~e
Executive Secretary
Dated at Chicago. Illinois, this 29th day of June 1976.