NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21966
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Washington Terminal Company
STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
of Railroad Signalmen on The Washington Terminal
Company for work performed on signal and communications equipment and/or
systems by a contractor whose employes hold no seniority or other rights
under the Signalmen's Agreement (this is a combination of sewn claims
handled separately on the property):
Claim BRS-76-1
On behalf of A. L. Watkins and J. A. Payne on an equal basis
for the contractor relocating starting lights on tracks 19 and 20 on
December 3, 4, 5, 8, 9 and 10, 1975.
Claim MRS-76-2
On behalf of W. R. Matthews and C. S. Rhodes on an equal basis
for the contractor relocating telephone cable 19 and 20 tracks station
area on December 3, 4, 5, 8, 9 and 10, 1975.
Claim BRS-76-3
On behalf of W. R. Matthews and C. S. Rhodes on an equal basis
for the contractor relocating cable from A Tower to D C office and Tower A
to 30 track on December 19, 22, 23, 29, 30 and 31, 1975.
Claim BRS-76-4
On behalf of A. L. Watkins and J. A. Payne on an equal basis
for the contractor relocating train starting lights from A Tower to new
location foot of 31 track for 29 6 30 tracks on December 19, 22, 23, 29$
0 and 31, 1975.
Claim BRS-76-5
On behalf of C. S. Rhodes, A. L. Watkins and E. F. Horney, Jr.,
on an equal basis for the contractor relocating telephone cable (second
cable) from A tower to 30 track via location at foot of 31 track on
February 4, 1976.
Award Number 21976 Page 2
Docket Number SG-21966
Claim BRS-76-6
On behalf of C. S. Rhodes, W. R. Matthews, Jr. and E. F.
Horney, Jr., on an equal basis for contractor relocating telephone
cable (second cable) from A tower to 30 track via location at foot
of 31 track on February 5, 1976.
Claim BRS-76-7
On behalf of M. D. Hawley, J. A. Bedding, J. L. Mattiello,
E. F. Horney, Jr. and W. R. Matthews, Jr., on an equal basis for the
contractor relocating telephone cable (second cable) from A Tower via
location foot 31 track to pole outside D C office trailer on February 10,
1976.
OPINION OF BOARD: The factual background involved in this case is
exactly the same as that found in Award No. 21409
of this Division. We have carefully reviewed that Award and can find
no basis on which to rule that it is erroneous in any way.
We have also carefully reviewed the record before the Board
in this docket and find the same basic deficiencies as were found in
~,/ the record which resulted in Award No. 21409.
Here we have eight (8) named claimants for whom Petitioner
is asking that they be compensated "on an equal basis for the contractor".
However, nowhere can we find how much time the contractor consumed or
how mush manpower he devoted to this work.
In this record we find claims for payment on dates on which
at least three (3) of the claimants were on vacation - W. R. Matthews,
A. L. Watkins and J. A. Payne, December 22 and 23, 1975.
In this record we find nothing more in the on property
handling than the same unsupported assertions that were found in Award
No. 21409. We are, therefore, compelled to conclude - as we did in
Award No. 21409 - that there was a violation of the Agreement in these
instances.
We are also compelled to conclude that inasmuch as Petitioner
has not carried its burden of showing what would be required to compensate the claimants "on an equa
sustain the claim only to the extent of one call (two hours forty
minutes at the straight time rate) for each of the named clai-ate on
each date as listed in the subject, exce for the vacation dates
previously mentioned.
Award Number 21976 Page 3
Docket Number SG-21966
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 Employee 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.
A W A R D
Claim sustained to the extent indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
a-141,
A
&4z4e
Dated at Chicago, Illinois, this 31st day of March
1978.