NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26285
Robert W. McAllister, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard System Railroad (Clinchfield)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Seaboard System Railroad
(Clinchfield):
Claim on behalf of Lead Maintainer J. L. Sifferd, Maintainers L. E.
Broyles, B. Lewis, D. A. Fender, B. W. Burton, for 20 hours pay each at time
and one-half rate, November 5 and 6, 1983. Also, claim that B. E. Carlton and
B. W. Burton be paid eight (8) hours each at time and one-half rate, November
10, 1983, account of Vanderpool Electric Contractors violating the Scope Rule
of the current Agreement, as amended, when they removed poles, dusk to dawn
lights, secondary wires, replaced wires with quadplex and reinstalled electrical service. Carrier fi
OPINION OF BOARD: Before we are able to consider the merits of the Organiza
tion's Claim, we must first rule on Carrier's contention
that this matter is barred under the parties' Time Limits Rule because the
grievance was not filed within sixty (60) days of the first date of occurrence.
On June 10, 1983, Carrier entered into a contract with Thamer Construction, Inc., for certain ca
Dante, Virginia. A substantial portion of this contract (about 8 % of the
total cost) involved electrical work. On August 8, 1983, Thamer employees
started work on the project. On that day, they removed utility poles, worked
on yard lights, and moved some electrical lines. The Organization alleges
this work was work included within its Scope Rule and performed by Signalmen
since 1950. On August 9, 1983, the General Chairman discussed the matter with
the Carrier's Director of Labor Relations. However, no written Claim was
filed or processed at the time.
In October 1983, additional electrical work, alleged to be Signalmen's work, was performed by su
Claim was progressed by the Organization.
In November 1983, subcontractors of Thamer set five utility poles,
hung transformers, and transferred lines and lights, and put in service new
light towers. On December 5, 1983, a Claim was filed contending these tasks,
completed on November 5, 6, and 10, 1983, while only seeking compensation for
the alleged violations occurring in November, referenced the original incident
occurring on August 8, 1983.
When this matter was appealed to Carrier's Labor Relations Department, it was denied on its meri
untimely filed. Article V, Section 1(a) of the parties' Agreement provides in
pertinent part:
Award Number 26689 Page 2
Docket Number SG-26285
"All claims or grievances must be presented in
writing . . . to the officer of the Carrier authorized to receive same within 60 days from the date
of occurrence on which the claim or grievance is
based."
The "occurrence" on which this Claim is based is the first date that
employees of Thamer, or its subcontractors, commenced work alleged to be Signalmen's work under the
All of the work involved, whether it occurred in August, October or
November, was but one facet of a major capital improvement project included
within a single construction contract. We have held in our Awards, as SBA 570
has held in its decisions, that, when considering disputes on the assignment
of work connected with a major capital improvement project, such as the new
construction here involved, the project is to be considered as a whole and may
not be subdivided into segments to determine whether or not some of the tasks
could be performed by employees of the Carrier. The proscription against
subdividing the project into segments seems to be appropriate when the timeliness of grievances on t
In this regard, attention is invited to Third Division Award 21376
involving a dispute wherein janitorial work was turned over to an outside
contractor. The contracting out occurred on September 1, 1969. Janitor work
was, thereafter, performed by the contractor on a daily basis. In September
1973, a "continuing claim" was filed contending that this was a violation of
the Agreement. In holding that the Claim had not been filed within sixty (60)
days of the date of occurrence, the Board stated:
"These are not 'continuing violations' or 'continuing claims' as those terms have been establish
Board precedent. We have no choice but to dismiss
the claim as time-barred without reaching the
merits."
In this case, we too, have no choice but to dismiss the Claim as
being untimely filed.
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;
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Docket Number SG-26285
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.