NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22515
James F. Scearce, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the Soo Line Railroad Company:
Claim No, 1. (Carrier file: 900-8-58)
On behalf of Signal Maintainer L. D. Suhsen, headquarters Buffalo,
Minnesota, for two hours and forty minutes at the overtime rate of pay
account section forces removing signal bond wires during rail-changing
work August 7, 1977, about 10 p. m., at Mile Post 30.5.
Claim No. 2. (Carrier file: 900-8-59)
On behalf of Signal Maintainer T. J. Bengtson, headquarters
Minneapolis, Minnesota, for six and one-half hours at the overtime rate
of pay account section forces removing signal bond wires during railchanging work beginning about 10
Avenue North."
OPINION OF BOARD: The Claims herein relate to the cutting or breaking
of signal wire bonds on rails, such events occurring
while track forces were changing out rails. Although the track forces
continued and completed the track change, the record indicates that they
did not repair or replace such bonds; this work was reserved for signal
forces and performed by them.
The burden is upon the Organization to demonstrate exclusive
jurisdiction over the breaking of such bonds. We find no such showing on
the record. It seems evident that such work, i.e. the breaking of the
bonds, has been performed on this property by other than signal forces.
Under such circumstances, we find no basis to affirm for the Claimants.
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 22786
Docket Number SG-22515
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
The Agreement was not violated.
A W A R D
Claims are denied.
ATTEST:
/J",/Co/
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Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 14th day of March 1980.