NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21140
Irwin M. Lieberman, 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
Railroad Signalmen on the Norfolk and Western Railway
Company:
(a) The Carrier violated the current Signalmen's Agreement, particularly the Scope and Rule 8 (1
the Signalmen's Agreement to perform signal work at Portsmouth, Ohio.
(b) The Carrier now pay Signal Maintainer Nelson Bellar two and
seven-tenths (2.7) hours at his overtime rate of pay for violations on each
of the following dates: June 1 6 20, July 13, August 17, September 29,
November 6, and December 5, 1973.
1The foregoing is a combination of seven separate incidents
that were handled separately on the property as six separate
claims, denied at the top level in letters dated: April 16,
1974 (for June 1); May 7, 1974 (for June 20 and July 13);
May 21, 1974 (for August 17); June 21, 1974 (for September
29); September 18i 1974 (for November 6); October 4, 1974
(for December 5) /
OPINION
OF
BOARD: There have been three previous awards of this Board
involving the same parties, Claimant, work and issues
at the same location as that herein. In the three prior cases, all involving identical maintenance w
10911 we stated:
"When the Division has previously considered and disposed
of a dispute involving the same parties, the same rule and
similar facts presenting the same issue as is now before
the Division, the prior decisions should control. Any
other standard would lead to chaos."
The record in the instant dispute contains no new information or evidence
or argument which would persuade us to change our view from that expressed
in the earlier decisions. We must deny the claim herein on the ground of
res udicata.
Award Number 21269 Page 2
Docket Number SG-21140
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 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 Agreement was not violated.
A
w
A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMM BOARD
By Order of Third Division
ATTEST:
Executive Secreta~
Dated at Chicago, Illinois, this 15th day of October 1976.