NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21532
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al:
On behalf of the senior Assistant Signalman in Signal Gang #3
for the difference between the rate of Assistant Signalman and the rate
of Signalman, retroactive for a period of sixty days from October 29,
1974, and continuing thereafter as long as the temporary signalman
position is left open on Signal Gang #3 in violation of paragraph 2 of
the System Signal Gang Agreement. /Carrier's file: SG-74/
OPINION OF BOARD: The facts and circumstances in this case are the same
as those considered in Award 21604 which were argued
and considered at the same time as this dispute, except that claimant in
this case has not alleged that the Carrier violated Rule 30 of the
Agreement.
On the authority of that decision, it is found that the
Carrier violated the System Signal Gang Agreement of May 1, 1974 and
that claimant shall be paid at the signalman's rate as claimed until
January 2, 1975, the day the regular signalman returned to his
signalman's position in the gang in issue.
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 violated.
Award Number 21605 Page 2
Docket Number SG-21532
A W A R D
Claim sustained. Back pay in accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: r
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Dated at Chicago, Illinois, this 29th day of July 1977.
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