NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22316
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Atlanta and West Point Railroad Company
( The Western Railway of Alabama
( Georgia Railroad
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atlanta and West
Point Railroad Company - The Western Railway of Alabama:
On behalf of Telephone Maintainer F. L. Thigpen, headquartered at Atlanta, Georgia, when Carrier use
David Denials on claimant's territory, at derailment on July 5-6,
1976 at/or near Hogansville, Georgia, in violation of the current
Signalman's Agreement, as amended, particularly Rules 1 and 18.
That a joint check of the Carrier's records be made to determine
the actual hours worked. This claim to be at the overtime rate of
pay
11
OPINION OF BOARD: On July 5, 1976, a Signal Inspector was
directed by the Carrier to transport a portable
generator to a derailment site. The Signal Inspector is covered
by the same agreement as the Claimant, a telephone maintainer.
The Agreement also embraces two other classes of work -- signalman
and signal maintainer.
The Claimant contends that the transportation of the
generator is not signal inspector's work, and, therefore, he should
have been called. The Organization argues that Rule 1, which
defines the classification of Signal Inspector, limits such employes
to inspecting and testing of signal appliances. However, we do not
read such a limitation in the Rule. We have many times stated that
a Claimant seeking to support a claim such as the instant claim
must show by contract language or past practice that the disputed
work is reserved to his class in lieu of others. There has been
no such showing here and the claim will be denied.
Award Number 22381 Page 2
Docket fir OG-22316
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
aver 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:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of April
1979,
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