NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23025
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Central of Georgia Railroad Company
STATEMENT OF CLAIM; "Claim of the General Committee of the Brotherhood of
Company: Railroad Signalmen on the Central of Georgia Railroad
On behalf of Signal Maintainer N. L. Johnson for the difference in
pay between what he is paid and what he should have been paid as a Signal
Maintainer-majority CTC, beginning June 5, 1978, and continuing until the
dispute is settled."
OPINION OF BOARD: Claimant seeks an hourly differential asserting that a
territorial change resulted in such entitlement under an
agreement which provides for "eleven cents per straight hour (and seventeen
cents for each overtime hour) for Signal Maintainer - Majority C.T.C.".
While Carrier concedes that Claimant's territory includes 3.3 miles
of CTC signal track, it denies that the remainder of the territory should be
considered as 2.8 miles. Rather, Carrier asserts that because the remainder
is "double track", the non-CTC territory is really 5.6 miles and, thus, the
CTC territory
is
only 377. of the territory.
Claimant disagrees and asserts that Carrier's bulletins themselves
deny the validity of Carrier's argument.
Certainly, we would agree that Carrier is free to attempt to show,
as a matter of fact, that a parallel double track should be computed as urged
by Carrier, but here no such showing was attempted. As we have considered the
factual matters raised and urged while the matter was under consideration on
the property, we find no showing as to why the mere fact of double trackage
should defeat this claim.
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:
Award Number.23069
_ Docket Number SG-23025 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; y
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
By Order of Third
Division
ATTEST: -
Executive Secretary
Dated at Chicago, Illinois, this 14thday of November 1980,
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