NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23006
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Illinois Central Gulf Railroad:
(a) Carrier violated the September 1, 1976 Agreement, particularly
Rules 2(b) and 2(g) respectively, when it required Foreman I. S. Nicholson to
regularly perform work over which he has supervision and when it did not retain
senior Signalman P. L. Hawk at his regular assignment to perform the work required
of Mr. Nicholson.
(b) Carrier should be required to allow, retroactively to and including
April 8, 1978, and is to continue in full force and effect until the claim is
satisfactory resolved:
1. Signalman's rate in addition to regular foreman's rate for
Mr. Nicholson for all hours worked during claim period.
2. Signalman's rate in addition to regular signalman's rate for
Mr. Hawk for all hours worked by Mr. Nicholson during claim
period.
3. Respective assistant's rate for the senior furloughed assistant
in accordance with company records, unless proven to be in
error, for all hours worked by Mr. Hawk."
OPINION OF BOARD: It is the position of the organization that from April 8, 1978
on the Carrier violated Rule 2(b) of the Agreement when it
required Foreman I. S. Nicholson to regularly perform work over which he has super
vision. Rule 2(b) reads as follows:
"Foreman: An employee who is assigned to the
duties of supervising the work of other employees
classified herein and who is not required to
regularly perform any of the work over which this
employee has supervision."
Award Number 231118
Docket Number SC-23006 Page 2
In order for us to find that the Agreement has been violated, we must
find that the Foreman was required regularly to perform work that is ordinarily
done by Signalmen and supervised by Signal Foremen. Based on the record before
us, we are unable to find facts sufficient to support the claim. The record
before us does not support a finding of a violation of the Rule.
We will deny the claim.
FINDIMS: 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;
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 30'uh day of January
1981. y