NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22895
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE;
(Southern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al.:
On behalf of Signal Maintainer H. G. Whiddon, Hattiesburg, Mississippi,
for two (2) hours and forty (40) minutes overtime pay he was denied on November 10,
1977, when
General Supervisor
C&S R. T. Mitchell operated the control machine for
the purpose of making signal test and to assist signal maintainers in locating
signal trouble." OPINION OF BOARD: The Organization asserts that a signal official operated a
CTC control machine for the purpose of making signal tests
and sending "re-checks" to assist signal maintainers in locating code line
difficulty.
The Employes assert a violation of the Scope Rule, among others. The
Organization does stress that the work in question was performed by a Supervisor
"to assist signal maintainers in locating signal trouble" and, thus, whether or
not Dispatchers and/or Operators work on CTC control machines in the operation
of trains is not material to this dispute.
The Carrier denies a violation of the Scope Rule - or any other rule -
and asserts that the function performed by the Supervisor in this case is no
different from normal control machine functions performed daily by Dispatchers
and Operators. In addition, the Carrier has cited Third Division Award 21187,
which resolved a dispute between these parties and held that it is a managerial
function to locate problems so that they could be repaired by proper maintenance
personnel.
The American Train Dispatchers Association has participated in this
dispute as a third party.
The Organization has the burden of establishing the basis for its claim.
As we have reviewed this record, we are unable to find that the Employes have
presented to us a consistent practice upon which we can base a conclusion that
there has been a violation of the Agreement.
Award Number 23067
Docket Number SG-22895 Page 2
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to
this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of November 1980.