' NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21263
James C. McBrearty, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Washington Terminal Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on The Washington Terminal Company:
On behalf of A. L. Watkins and C. S. Rhodes on an equal basis for
P.C. RR telephone men working on telephone cable at K Tower on May 29, 1974
between 10:00 a.m. and 1:00 p.m.
(Carrier file: Claim BRS-74-2)
OPINION OF BOARD: The central question in the instant case is whether or
not the employees have shown that the work performed was
with the knowledge and consent of Washington Terminal Company.
A careful review of the entire record, as well as the arguments of
the parties, reveals that the Washington Terminal Company neither knew of,
nor consented to, the work performed by PCRR telephone men at K Tower.
We have previously held (Awards 12907, 7793 and 4992) that voluntary
service, absent direction and authority to perform such service, cannot be
asserted to support a claim. Under the circumstances, therefore, we have no
alternative but to deny the claim.
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
Award Number 21481 Page 2
Docket Number SO-21263
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJ7jTSTMENT BOARD
By Order of Third Division
ATTEST:
a.-Ali
PA4,&~P
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1977.
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