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NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 22016

THIRD DIVISION Docket Number SG-21951

James F. Scearce, Referee

(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
Railroad Company:

On behalf of Signal Foreman S. B. Young, Sedalia, Missouri, for sixteen days` pay at the Class Two rate of pay for the period July 8, 1975 to July 29, 1975; and on behalf of Signalman J. W. Vancel for nine working days' pay at the Class Four rate of pay for the period July 14, 1975 to July 25, 1975, account Signal Foremen Smith and Ives performing construction work. rUarrier file: R 225-6897

OPINION OF BOARD: The Petitioner here seeks an award which would
require Claimants Young (Rule 101) and Vancel
(Rule 107) be paid because the Carrier used Foremen Smith (Rule 102)
and Ives (Rule 103) to perform certain signal construction work which
it contends is reserved to classifications 101 and 107. The Petitioner
cites Agreement Rules 102 and 103. The Carrier denies that such
reservation of work exists in Rules 101 and 103 and further cites the
note appended to Rule 103.

We must hold for the Carrier.

The first fault with the position of the Petitioner is that the Agreement rules cited do not pertain to the Claimants' positions. Hence, even if we were to find that they were violated, they would not support Petitioner. The second fault is as pointed out by Carrier; i.e., the note appended to Rule 103 clearly states that Rules 101 and 103 do not constitute an exclusive assignment of duties specified therein to the occupants of such positions.

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;

Award Number 22016 Page 2

Docket Number SG-21951

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 not violated. A W A R D Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division ATTEST; Ja&V jj!~ Executive Secretary Dated at Chicago, Illinois, this 14th day of April 1978.