Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28992
THIRD DIVISION Docket No. SG-28891
91-3-89-3-301
The Third Division consisted of the regular members and in
addition Referee when Rodney E. Dennis award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Central of Georgia Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Central
of Georgia Railroad Company (CofGA):
Claim on behalf of Signal Maintainer M. E. Glenn, Headquarters Payne,
GA and Signal Maintainer W.E Windham, headquarters Macon, GA, assigned working
hours 8 am to 4:30 pm Monday thru Friday, rest days Saturday and Sunday, for
the following:
(a) The scope of the Signalmen's Agreement was violated when Carrier
instructed and permitted two B&B Department employees to take out of service
and remove iron train order signal at Ft. Valley, Georgia on or about January
14, 1988 in violation of Signalmen's Agreement.
(b) Carrier now be required to compensate Signal Maintainers M. E.
Glenn and W. E. Windham for 2 hours each at their overtime rate of pay in
addition to any other pay they have received for work they were denied during
the first period of January 1988 when two B&B Department employees worked two
hours each on this iron train order signal at Ft. Valley, GA, Mile Post H
220.0." G.C. File CG-137. Carrier file SG-726.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
As Third Party in Interest, the Brotherhood of Maintenance of Way
Employes was advised of the pendency of this dispute and did not file a
Submission with the Division.
Form 1 Award No. 28992
Page 2 Docket No. SG-28891
91-3-89-3-301
On January 14, 1988, Carrier utilized B&B employees to remove an iron
train order signal at Fort Valley, Georgia. The Organization filed a claim
for two hours pay at the overtime rate in addition to any other pay received.
The Claim was denied and has been placed before this Board for resolution.
This Board has reviewed the record and has carefully read the Organization's Scope Rule. Based on th
Carrier utilizing B&B workers to dismantle and scrap an abandoned iron train
order signal. No signal work was performed by 86B employees. The instant
Claim has no basis in the Agreement and consequently is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1991.