NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22277
(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 The letter was withdrawn on March 15, 1976, prior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.
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 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.
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of November
1978.
~ r
C
L