NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21155
James C. McBrearty, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Soo Line Railroad Company:
On behalf of Mr. W. L. Larson for Leading Signal Maintainer rate
of pay, instead of Signal Maintainer rate of pay, commencing February 1,
1974, account duties assigned his position bring it within the scope of
Rule 5 of the Signalmen's Agreement.- /harrier's file: 900-40-139/
OPINION OF BOARD: The basic issue in this dispute is Petitioner's conten
tion that Claimant is performing the duties and respon
sibilities of an employe classified as a Leading Signal Maintainer pursuant
to Rule 5 of the current Signalmen's Agreement, and that Claimant should
receive the Leading Signal Maintainer rate of pay from February 1, 1974.
In pertinent part, Rule 5 reads:
"Except where a regularly assigned Signal Maintainer
assists another Maintainer not to exceed two (2) consecutive calendar days, Maintainer working with
supervising the work of more than one regularly
assigned employe shall be classified as a Leading
Signal Maintainer."
The key question involved in the instant case is whether Claimant
actually supervised other regularly assigned employes.
Stevens Point is the division headquarters for Carrier's Eastern
Division, the main line of which extends from Chicago, Illinois, to Chippewa
Falls, Wisconsin. Stevens Point is also the C.T.C. control point for the
centralized traffic control territory extending from Schiller Park (Chicago)
to Chippewa Falls.
Since the initiation of C.T.C. in this territory, the Signal Maintainer at Stevens Point has, in
electrical and signal facilities such as, signals, power switches, track
circuits, lights, and so forth, maintained the C.T.C. control machine and its
various control systems. This includes periodic tests as required by government regulation as well a
and correct malfunctions. Some of these tests require checking in conj4unction with Signal Maintaine
Award Number 21439 Page 2
Docket Number SG-21155
Webster's Third New International Dictionary (Unabridged Edition,
1971) defines "supervise" as, "to coordinate, direct and inspect
continuously
and at first hand the accomplishments of others." Using this definition,
the Board finds that the tests of the C.T.C. system performed by Claimant
are not strictly supervision within the meaning of Rule 5 of the Agreement.
Therefore, the claim must be dismissed.
While it is true that on some of Carrier's properties, Signal
Maintainers assigned to a C.T.C. control machine location are classified as
Leading Maintainers, this has been done by direct negotiation between the
parties, and such would be the appropriate route to pursue in the instant
case.
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 dismissed. t
NATIONAL RAILROAD ADJUSTMENT BOARD
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By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1977.