NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21540
David C. Randles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Company that:
(a) the Southern Pacific Transportation Company violated the
Agreement between the Company and its employes in the Signal Department
represented by the Brotherhood of Railroad Signalmen, particularly the
Scope rule, effective October 1, 1973.
(b) Mr. A. C. Chan and Mr. C. K. Magnes be allowed compensation
for two (2) hours and forty (40) minutes each at their overtime rate for
September 30, 1974. _/Carrier file: SIG 152-341/
OPINION OF BOARD: The sole issue before the Board in this case concerns
the damages properly allowable for the incident involved.
Rule 72 of the parties' Agreement lays down a rule of damages that is binding
upon all concerned, and Claimants have failed to prove that they are entitled
to any additional compensation under that rule; therefore, the claim must be
denied.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
executive -Secretary
Flated at Chicago, Illinois, this 18th day of February 1977.