NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-24797
Edward L. Suntrup, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Co. (Eastern Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Eastern Lines):
On behalf of Signalman K. N. Pavlica, Signal Gang No. 6, and Signalman
D. E. Reed, Signal Gang No. 5, for 136 hours straight time pay and 29 hours
overtime pay each account Houston Signal Shop signalmen making wiring changes
outside the shop at Tower 68 and the new tower 87 building during November and
December 1981. [Carrier file: 339-36-Aj
OPINION OF BOARD: By notice dated January 7, 1982, a pay claim was made by
the Organization for two (2) Signalmen assigned to the Houston
Division of the Carrier. The instant case centers on whether these two (2)
Signalmen working for this Division, or whether other employees working for the
Houston System Signal Shop, had prior seniority right to perform wiring work at
Carrier Tower 68 and the Carrier Tower 87 Building on or about November 16, 1981
and on or about December 1, 1981 and certain other days, as so stipulated in the
Statement of Claim, which followed each of these dates. The organization charges
in the instant claim that the Carrier violated Rules 401 and 407 of the Agreement
between the organization and the Carrier dated September 30, 1969. These Rules,
respectively, deal with seniority districts and with the, conditions under which
an employee from one seniority district may work in another.
A complete review of the record by the Board shows that the instant
claim is defective by its reference to the 1969 Agreement for support. The
seniority rights here at bar are not subject to that Agreement, but to the
Agreement of August 15, 1978 and the consolidated seniority roster which is the
result of this latter Agreement.
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.
Award Number 24720 Page 2
Locket Number SG-24797
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ADe~of - Executive Secretary
Dated at Chicago, Illinois this 9th day of March, 1984