(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Missouri Pacific Railroad Company ( (Formerly The Texas and Pacific Railway Company)

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Texas and
Pacific Railway Company:

On behalf of Signal Maintainer M. F. Eubanks, Shreveport, Louisiana, for an additional payment of 2.7 hours at time and one-half the Signalman's straight time hourly rate of $6.95 per hour, account required to cut trees and brush to clear signal line trouble, outside working hours, on Saturday, May 8, 1976." (Carrier file: R 315-130/

OPINION OF BOARD: The employes rely primarily on a letter of
understanding dated December 22, 1969, carrying
the signature of the Carrier's Superintendent, Signals and Communica
tions, Award No. 20979 based on that letter, and Awards Nos. 20980
and 21568 which cite 20979 with approval.

The cited Awards recognized that the December 22, 1969 letter was not a surrender by management of any of its prerogatives, but rather that so long as that letter remained in effect, its terms were controlling. The letter was withdrawn on March 15, 1976, prior to the instance here complained of; hence, the letter was no longer controlling and neither it nor the Awards rendered during its effective period are controlling.

Therefore, and since the Petitioner has cited no other basis for a sustaining award, we must deny this claim.




Award Number 22230

Docket Number SG-22277


Page 2

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.

ATTEST: a 141.


NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


Dated at Chicago, Illinois, this 15th day of November 1978.

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