NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21755
James F. Scearce, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPU?'E:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the 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.
Award Number 22015 Page 2
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
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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.