NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20978
William M. Edgett, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Bessemer and Lake Erie
Railroad Company:
On behalf of Signal Maintainer, W. A. Delp for 40 hours at straight
time rate of pay account Maintenance of Way Department carpenters having
replaced platform step planks on the front of various signal relay cases in
his assigned territory on May 29 and 30, 1973, and June 1 and 4, 1973.
On behalf of Signal Maintainer R. D. Flinn for 40 hours at
straight time rate of pay account Maintenance of Way Department carpenters
having replaced platform step planks on the front of various signal relay
cases in his assigned territory on June 6, 7 and 8, 1973. (Case No. 97)
OPINION OF BOARD: Carrier assigned carpenters represented by the BMWE
the task of-replacing wooden steps on a number of signal
relay cases. The work involved cutting three-inch boards to the proper size,
drilling holes in them, and bolting them to angle-iron braces. The BMWE has
filed a submission which. takes the position that the contested work is
exclusively theirs.
The record shows that both employes represented by the Brotherhood
of Railroad Signalmen and employes represented by the Brotherhood of Maintenance Way Employes have p
of the Brotherhood of Railroad Signalmen does not specifically cover the
work in question, but does specifically cover a variety of work which is
reserved exclusively to signal employes. For example, it reserves field
painting of the inside of signal cases to signal employes. Claimants believe that that reservation s
opposite view. Signal cases are referred to only with reference to a reservation of inside field pai
maintenance was to be performed exclusively by Signal employes they would
have so stated in the Agreement or developed a practice which reflected
that understanding. Neither the Agreement nor the practice reflects an
understanding that replacement of steps is reserved exclusively to signal
employes. On the contrary, the practice supports Carrier's assertion that
assignment of replacement of steps may be made either to signal employes
or carpenters represented by the BMWE. Accordingly, the claim must be denied.
Award Number 21430 Page 2
Docket Number SG=20978
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
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
Dated at Chicago, Illinois, this 28th day of February
1977.
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