xATIOEAL RAILROAD AWU37MENT BOARD
Award Number
24.26
THIRD DIVISION Docket lumber SG-24296
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signal-men
PARTIES 2n DISPUTE:
(Southern Railway System
STATEKM OF CLAIM: "Claim of the General Committee of the brotherhood of
of Railroad Signalmen on the Southern Railway Company et al:
(General Chairman file: BR-190 Carrier file: SG-k68
(a) Carrier violated the Signalman's Agreement, particularly Scope
Rule 1 among others, when C&S Supervisor H. H. Stanley worked the first shift
at Sheffield Retarder Yard on July
k, 1980
assisting Signal Maintainer J. W.
Hamilton in the painting, rearranging and moving signal material in and around
signal shop at Sheffield Retarder lard, etc.' (Big. file 3460)
(b) Carrier should now be required to compensate Signalman J. R. Scott
as amount equal to eight (8) hours at the time and one half rate of pay for this
lass of work opportunity on July
4, 1980
and because the Agreement was violated."
OPINION OF BOARD: The Mmploye asserts that individuals covered by the Agreement
had been "cleaning up" the atop area for an inspection but
far some reason a Supervisor started performing some of the work in question.
In its initial response the Carrier concedes that the Supervisor did
clean the paint sprayer
which signal
maintainers had used on the previous day
and
which they
had not cleaned at the conclusion of their task. The Carrier
also concedes that the Supervisor may have moved certain equipment so as to
try a new grease cleaner on a spot on the concrete floor with a new type of
solvent.
The organization has relied upon Awards 23959 and 24296.
The
Board is
of the opinion that the Organization has presented the basis for a sustaining
Award inasmuch as certain work was performed which we feel, under all circumstances of record, ahoa1
We confess that there is some question as to the amount of time involved in the performance of t
mattes was under review on the property far as to make a determination in that
regard, and accordingly we will sustain the claim as submitted.
FINDINGS:
The
Third Division of the Adjustment Board, a_pter 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 Mnployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21,
1934;
Award Number 24426 Page 2
Docket Number SG-24296
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
A f A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTVaENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch -.. Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June 1983.