(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claims of the General Committee of the Brotherhood of Rail-



On behalf of Communications Maintainer B. D. Johnson, Gang 1692, Fort Worth, Texas, with assigned territories of Fort Worth to Eagle Ford, Texas and Fort Worth to Whitesboro, Texas, for 37 hours at one-half his straight time hourly rate of $1966.88 per month, account being required to perform work off his assigned territory, during his as
Carrier file: K 315-181.

 On behalf of Communications Maintainer B. D. Johnson, Gang 1692, Fort Worth to Eagle Ford, Texas and Fort Worth to Whitesboro, Texas, for 67.5 hours at onehalf his straight tim to perform work off his assigned territories during his assigned work hours on July 16, 17, 18, 19, 20, 30 and 31, 1979 and August 1, 2 and 3, 1979 when he was working in Louisiana.

 Carrier file: K 315-182

On behalf of Communications Maintainer B. D. Johnson, Gang 1692, Fort Worth, Texas, with assigned territories of Fort Worth to Eagle Ford, Texas and Fort Worth to Whitesboro, Texas, for 8.5 hours at one-half his straight time hourly rate of $1966.88 per month, account being required to perform work off his assigned territory during
Carrier file: K 315-183

                        Claim No. 4


On behalf of Communications Maintainer B. D. Johnson, Gang 1692, Fort Worth, Texas, with assigned territories of Fort Worth to :ogle Ford, Texas and Fort Worth to Whitesboro, Texas, for 32.5 hours at one-half his straight tile hourly rate of 31966.88 per month, account being required to perform work off his assigned territory during September 24, 25, 26, 27 and 28, 1979·

 Carrier file: K 315-190.
                      Award Number 23963 Page 2

                      Docket Number SG-2397

                      Claim No. 5


"On behalf of Communications Maintainer B. D. Johnson, Gang 1692, Fort Worth, Texas, with assigned territories at Fort Worth to Eagle Ford, Texas and Fort Worth to Whitesboro, Texas, for 25.5 hours at one-half his straight time hourly rate of $1966.88 per month, account being required to perform rock off his assigned territory during 1979.

 Carrier Pile: K 315-292

 OPINION OF HOARD: These five claims, handled separately on the property,
 have been consolidated for submission before this Board.
 All involve the same person and present the same issue.

 The claims seek additional pay at overtime rates for work performed by the Claimant as a Communications Maintainer outside the limits of his assigned territory during his regularly assigned hours.

 The claims are based on two Memoranda of Agreement signed by the parties on December 19, 1968.

 The Organization concedes that there is no specific provision in either agreement for the additional payment sought here. It maintains that both agreements are none the less applicable to both Signal employee and Communications employee ali provided for Signal employee extends with equal force to Communications employee.

        The Board finds no support for the Organization's position.


Analysis of the agreements plainly indicates that the parties entered into two separate agreements on the same day for the two particular groups, treating Signal employee differently from Communications employee. While specifically providing addi the parties did not do the same for Communications employee. Their purpose not to extend the Sisal agreement to the Communications employee is manifestly clear. Moreover, had they intended to treat both alike, there would appear to have been no seed on this record for two separate agreements on the subject.

 Finally, the Organization has not shown by persuasive evidence that the provisions of the December 19, 1968 agreement for Signal employee were made applicable to Communications employee by the terms of the Memorandum of Agreement of October 17, 1972.

        The claims will be denied.

                      Award Number 23963 Page 3

                      Docket Number SG-23974


        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, firms 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: Acting Executive Secretary
      National Railroad Adjustment Board


      BY e rie Brasch - Administrative Assistant


      Dated at Chicago. Illinois, this 16th day of August 1982.