NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22871
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE;
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Company:
(a) The Southern Pacific Transportation Company (Pacific Lines)
violated the agreement, effective September 1, 1949 (including revisions
to May 16, 1951) between the Company and the employes of the former Pacific
Electric Railway Company represented by the Brotherhood of Railroad Signalmen and particularly the S
(b) Signalmen F. Suddarth, C. R Moon, A. R. Powley and D. R.
Rasmussen be allowed payment at their respective straight time rates of pay
for eight (8) hours for December 15, 1977, when crossing protection at
Congress Avenue was relocated by employes of the Southern Pacific Transpor
tation Company." LCarrier file: SIG 152-373/
OPINION OF BOARD; The Organization points out that the former Pacific
Electric Railway and the Southern Pacific Company
merged several years ago, and are now part of the Southern Pacific Transportation Company. Further,
agreements covering signal employes of the mentioned railways had not
been consolidated.
In December of 1977, signal forces in the employ of the former
Southern Pacific and covered by that agreement relocated certain crossing
protection devices at designated locations. The crossing protection
devices had been installed by Pacific Electric signal employes and had
always been maintained by those employes.
The Organization asserts that Carrier violated the Pacific Electric
Scope Clause when it required employes covered by the Southern Pacific
Signalmen's Agreement to relocate the crossing protection devices, and it
cites the Pacific Electric clause:
Award Number 22951 Page 2
Docket Number SG-22871
"This Agreement covers the rates of pay, hours of service,
and working conditions of all employes, classified in
Article 1, engaged in the supervision, construction, installation, repair, reconditioning, inspectin
signal and telephone systems and/or interlocking systems,
including all apparatus and devices in connection therewith,
and such other work as is
generally recognized
as signal
work.
The Carrier asserts that there were certain parallel tracks at
the location; one of which was designated as Southern Pacific track, and
the other was designated as Pacific Electric track. Wig-wag signals
located on each side of the crossing were activated by trains approaching
on either one of the two tracks. When the Pacific Electric trackage was
abandoned, the signal related to those tracks was disconnected and
removed by Pacific Electric signal employes.
In mid-December, 1977, it was necessary to move the wig-wag
signal on one side of the grade crossing so that it would be nearer to
the remaining Southern Pacific track, and Southern Pacific signal employes
performed the relocation.
We have considered not only the facts which gave rise to the
claim, but also the basic understandings of the parties and certain
cited Awards. We are unable to find a basis for the claim.
As the moving party, the Organization has the obligation of
identifying and establishing its claim by a preponderance of the evidence,
however, we are unable to find anything in the record which suggests to
us that the Carrier operated in violation of its contractual obligation
concerning the signal equipment in question.
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;
Award Number 22951 Page 3
Docket Number SG-22871
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.
NATIONAL RAILROAD ADJUSTMFNP BOAR
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of August 1980.