NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DITI_SION Docket Number SG-21523
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
ST.kT=AN-,'-OP CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad
Company.
Or: behalf of electronic Technician P. _. Younger, Houston, Texas,
for eight
(8)
hours pay at time and one-half
his
straight time `.ourly rate
(S1314.37
per month), account Carrier assigned an employee of another craft,
Communications Maintainer Bob 'eTnite, Palestine, Texas, to Check CTC Carri-r
levels at Palestine on June
8, 1074,
in violation of tae Scope of the S7.gnalmen's Agreement. (General Chairman file: `_ 200. Carrier
OPITTION1 OF BOARD: On July
8, 1T4,
the Carrier was experiencing =ailures
in its Centralized Traffic Control circuits on the
Longview Subdivision resulting in train delays. To determine carrier levels
in the system at Palestine, Texas, it was necessary to use an electronic in
strument called a frequency-selective voltmeter and the only i_-stn:ment of
this kind. near Palestine was assigned to Comm.unications `:aintainer '·ihite,
headquartered at Palestine, who -gas subJect to the Linemen's A_are°ment -vith
the Brotherhood of Railway and Airline Clerks. BRAC was given notice Of the
pendency of this dispute, 'out elected not to file a submission.
At approximately
4:30
a.m. cn ;he claim date, Carrier called two
signal. maintainers a^:d Communications :Maintainer White
t0
ins-oect t=°_ 3i?nal
system in Palestine. The frequency-selective voltmeter needed for the inspection was assigned to Mr.
maintainers and White disclosed no deficiencies in the system at Palestine.
Tile trouble in 21e system was later isolated in the Fort 'No:^ta area and
repairs were made there.
The claim here arises because .Claimant, a_'7 ZlectrcniC Technician
at Houston, Texas (ap=rorimate=,- 150 miles from Palestine) contends that e
should .`lave been oa'Ied to work with the t~:o signal maintainers, using n-ss
assigned f.rezuency-selective voltmeter.
Award Number 21672 Page 2
Docket Number SG-21528
in^. defending its position, Carrier asserts that the disputed
:cork is not exclusively reserved to Signalmen under the Agreement and
that an emergency existed which would clearly justify using another e._pioye headquartered in Palest
miles distant.
The Orgarizaticn has asserted that the condition in question,
on the morning of July
8
was not an emergency; that the disputed ;cork is
Signal work and that the distance of Claimant does not give license to
the Carrier to violate the agreement.
This claim is similar to others decided by this Board. In the
related cases, signal employes, accompanied an^_ em-oloye of an outside contractor or of another cra
which the Sie_ral Department employes were unable to perform for one reason
or another. For example, in Award 11451 the claim was denied where:
On the dates specified in the Statement
of
Claim, the
Carrier used a trench-digging machine to dig trenches
for signal cables and pipelines at Boyles, Alabama,
Yard. An employe not covered by the Signalman's Agree-
' ment actually operated th a machine but a Signalmen :pas
placed on it 2^_d paid I'Cr the time 57e^:t on the
j00.
It is conceded that the work belonged to a Signalman
under the Agreement, but it is not denied that no
Signal.man at the time was cuaiified to operate the
trench-di=g=ng machine."
.See also cur Awards 1532;, 16106 and 16?2?.
Based on these prior applicable awards; we find this claim to be
without merit and it will be denied. We therefore resolve no other issues
raised by either party. --
FINDINGS: The Third Division of tee Adjustment Board, upon the whhole
record and ail the evidence, finds and holds:
That the parties :waived oral hearing;
That the Carrier and the =.ployes involved in this dispute
are respectively Carrier a_^_d -"m_lcyes wit-in t_^e meaning of t:, Railway
7
abor Act, as approved June 21, -_L;
AI
ward Number 21672 Page
31
Docket Number SG-21528
Thai this Division
os
f
the Adjustment Board ::as jurisdiction
over the disuute involved herein: and
That to Agreement -was not violated.
A -,4 A R
Claim denied.
"'.TIONAL -6tt-.TT-JQAD ADJUST= BCA RD
By Order of Third Division
ATTEST:
acecutive Secretary
Dated at Chicago, Illinois, this 31st day of August 1977,