RATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-22451
Joseph A. Sickles, Referee
(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 System Committee of the Brotherhood
of Railroad Signalmen on the Atlanta and West
Point Railroad Ccmpaz7, The Western Railway of Alabama, Georgia
Railroad, on behalf of Signalmen J. L. Yancey and Scott H. Glover,
assigned to signal gang, T. C. Wallace Foreman, for eight (8) hours
straight time on February 24, 1977, and for ten (10) hours straight
time on March 7, 1977, for each claimant and to be in addition to aiI
pay they have already received, because they were required to perform
telephone work when they were instructed to dismantle telephone line
between Mayyson Avenue and Atlanta Yard."
OPINION OF BOARD: Claimants assert that on two separate dates they
were required to dismantle telephone lines (although
they were assigned to a signal gang) in violation of Rules 6 and 59(d):
"ROLE 6
Signalman, Signal Maintainer, Telephone-Telegraph
Maintainer: An employee assigned to perform work
generally recognized as signal work shaL1 be
classified as Sigaalman or Signal. Maintainer. An
employee assigned to perform work generally
recognized as communication work shall be
classified as Telephone-Telegraph Maintainer."
"Rl7LE 59
(d) Signalmen will perform only signal work.
Telephone-Telegraph men will perform only
communication work. When failures occur to
Award N=ber 22652 Page 2
Docket Number SG-22451
"either system or emergencies occur, if an
employee assigned to the class of work is
not available, employees of the other craft
may be used to put the system in temporary
working order. Permanent repairs will be
made by employees in the craft of the work."
on the property, the Carrier asserted that the pole line
had been abandoned in place prior to claim dates and all telephone
equipment removed and lines cut by maintainers. While roving
the poles, the lines were taken up by a Signal Gang, as per past
practice when a line was abandoned. Claimant denied any such past
practice.
in its presentation here, Carrier urges that the work did
not belong to any craft and thus, Claimants were used to dismantle
the telephone lines which had already been cut. It relies upon Award
19994 which held that Rules Agreements contemplate work related to
the operation and/or maintenance of the railroad, but not to abandoned
facilities.
in its initial claim, the Employes stated that they were
"...required to perform telephone work when they were instructed to
rove wires and crrossarms which only carried telephone circuits..."
and in further correspondence they cite Rule 59(d) as authority for
the proposition that the line should have been dismantled by
communications employes.
our prime difficulty with Carrier's contention is that the
Scope Rule, itself, makes specific reference to "dismantling" of
cammmication facilities, and it specifies that classified employes
perform work covered by the agreement. The same agreement then
specifies that Telephone-Telegraph men will perform only communication
work. As we understand the Carrier's contentions, if these Claimants
had performed. the work in question prior to January 31, 197'%, the
agreement would have been violated; but, because it happened after
that date, the lines were "abandoned" and the agreement did not apply.
We do not read Award 19994 as being quite that restrictive. We accept
the validity of that Award, but we feel that it does not apply to these
particular facts. These lines were not "abandoned" in the usual
context. Rather, they were being retrieved in an orderly fashion,
shortly after a conscious, deliberate decision was made concerning
service by the Atlanta Rapid Transit Authority. When these facts
are applied to these specific rules, a violation occurred.
Award Number 22652 Page 3
Docket Number SG-22451
We are not
unmindful
of Carrier's assertion of past practice,
but that was only an assertion devoid of actual proof. Nor have we
ignored the Carrier's argument to this Board that no Award of damages
should be made because there was no loss of work opportunity. But,
that contention was not raised and argued on the property.
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 re-pectively 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
Izzut,
Adver4do.
By Order of Third Division
ATTEST:
etary
Dated at Chicago, Illinois, this 30th day of November
1979.