NATIONAL RAILROAD ADJUSTMNT BOARD
. THIRD DIVISION Docket Number
SG-23922
Canton R. Sickles, Referee
Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
Soo Line Railroad Company
STATEMENT OF CIAM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Soo Line Railroad Company:
On behalf of Signal Foreman G. Otterson and Signalman D. Barse for
two hours at the punitive rate for September
20, 1979,
and for G. Otterson, D.
Barse, and T. Jones for three hours at the punitive rate for December 11,
1979,
account signal work performed by a Signal Supervisor after he released the
Claimants to keep from violating the Hours of Service Act." (Carrier file:
goo-46-B-122 )
OPINION OF BOARD: Claimants allege that on two occasions signal work was
performed by a signal supervisor after he released the
Claimants. A review of the entire record fails to indicate that the Claimants
have satisfied their burden of proof to establish that the work performed by the
supervisor was other than testing or that any work performed by the supervisor
was reserved exclusively to signalmen. There does not appear to be any tangible
evidence that the supervisor did any wire changing or that the tests which he
performed were reserved to other than supervisors.
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;
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.
Award Number 211244 Page 2
Docket Number SG-23922
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
:By:;jE
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of March 1983.
RECEI CFO
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