NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISICT Docket Number SG-22113
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT O' 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 particular the .Scope Rule 1, Rule 6 and Rule 7, when it
required or permitted Asst. Signal Supervisor B. 0. Graham and Signal
Inspector D. P. Smith to make signal circuit changes by disconnecting
and reconnecting wires, relays and other associated equipment at
T C Interlocking Plant, Florence, S. C. on Sept. 9, 10 and 11, 1975.
(b) Carrier should now be required to compensate Signal
Maintainer T. E. Maness Jr. and asst. Signal Maintainer B. J. Strickland
for eight hours (8) at their time and one half rate of pay for each date
of September 9, 10 and 11, 1975, a total of twenty four (24) hours to
each claimant."
General Chairman file: 62-T E Maness-75 B J. Strickland.
Carrier file: 15-1(76-3)
OP INIONO OF BARD: The Claimants have asserted that a Signal
Supervisor and a Signal Inspector performed work,
on September 9, 10 and 11, 1975, which should have been performed by
the Signal Maintainer and Assistant Maintainer.
In its Submission to this Board, and in its presentation on
the property, the Employes have expressed various concepts of agreement
integrity and contractual coverage. However, we have been unable to
discover proof of specific violations of the agreement, even though the
Employes have the burden of proof in this type of a dispute.
However, we have noted that the Carrier conceded - during the
exchange of correspondence on the property - that for three quarters
(3/4) of an hour on the afternoon of September 10, 1975 the Assistant
Supervisor performed certain work in violation of the agreement. That
concession is repeated at pages 4 and 10 of Carrier's Initial Answer of
Intention to File Ex Parts Submission.
Award Number 22227 Page 2
Docket Number SG22113
Certainly an admission of a violation of "short duration"
does not operate to preclude Claimants from proving a violation of
greater duration. But, in order to sustain the claim presented here,
we require a stronger showing than is in this record.
The "proof" submitted by Claimants speaks in terms of broad
generalities but is not precise enough to satisfy the burden of proof.
We will sustain the claim to the extent of finding a 3/4 hour violation
on September 10, 1975, and compensation claimed shall be limited
accordingly.
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
That the Agreement was violated.
A W A R D
Claim sustained to the extent stated in the Opinion .
NATICKAL RAILROAD ADJUSTMENT BOARD
By Order of Third
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ATTEST:
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Executive Secretary
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Dated at Chicago, Illinois, this 15th day of
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