(Brotherhood of Railroad Signalmen
PARTIES TO DISPU?'E:
(Seaboard Coast Line Railroad Company



(a) Carrier violated the current Signalmen's Agreement, as amended, particularly Rule 1, Scope, when it required or permitted Mr. K. L. Creech, C. L. Protor, B. J. Sauls and Steve Williams to disconnect track connections, renew jo connections back to'mils, on Thursday, January 16, 1975.

(b) Carrier should now be required to compensate Signal Maintainer J. T. Mitchum for three (3) hours and thirty (30) minutes at his one and one-half times rate of psy (Gineral.Chairman file: 41-J T Mitchum-75 Carrier file: 15-1 (I5-2) J

OPINION OF BOARD: The Claimant is a Signal Maintainer assigned to the
. territory adjacent to that in which the incident prompting this dispute occurred.

On January 16, 1975, the Carrier's roadway forces (Maintenance of Way) were performing rail repair in the territory assigned to Signal Maintainer Hinsley. There came a need to disconnect and reconnect an electrical signal circuit on a rail joint. There is no dispute that such work is properly that of the signal forces. It is equally undisputed that the Assistant Roadmaster sought out Signal tointainer Hinsley to be present and perform such work. Hinsley told the Roadmaster it would be satisfactory with him for roadway forces to perform such work and that he would inspect the work on his next trip to that site.

The Organization contends that the Carrier's admission that such work is that of the signal forces is sufficient to support the claim. It asserts that no authority exists for an individual member of the signal forces to make a separate agreement with the Carrier which affects the rights of the Organization as established in the Agreement.

The Carrier contends that general guidelines have been effected to ensure harmonious work relationships between the signal and track forces.

                      Docket Number SG-21755


These understandings purportedly empower the Carrier to utilize roadway forces to accomplish minor disconnection and reconnection signal work incidental to roadway work, where the Carrier has first endeavored to get a signal maintainer to do such work without success. Such work, upon re-installation, will be accomplished to the satisfaction of the signal forces. It a willingness to do such work a favor to him.

          Nothing was adduced from the record to indicate that the

"general guidelines" referred to by the Carrier had been reduced to
writing or otherwise formalized. There was an allusory reference by
letter from the General Chairman to the Carrier, in appealing a
negative decision at an earlier step in processing this claim, to
"guidelines" but such reference offered no -further detail. None
theless, the Carrier was clearly not trying to evade its obligations
to assign and accomplish such work with signal force members. There
was no reason for the Carrier to assume it had not satisfied its
contractual obligation by contacting Signal Maintainer Hinsley; his
failure to perform the work or arrange for its performance by signal
forces cannot jeapordize the Carrier.

- -- a record does not- -support-the Organizat-ibn'scontentions or
the claim for punitive compensation for the Claimant.

        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 22015 Page 3

                  Docket Number SG-21755


The work performed was properly that of the signal fcrces, but sufficient reason existed to support the carrier's actions in performing such work with roadway
                      A W A R D


          Claim is denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: Aa-&- &I(egm
Executive Secretary

Dated at Chicago, Illinois, this 14th day of April 1978.