Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29271
THIRD DIVISION Docket No. SG-29362
92-3-90-3-273
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Claim on behalf of V. P. Martell, for payment of 3 hours pay at his
punitive rate of pay, account Carrier violated the current Signalmen's Agreement, as amended, partic
8, when it permitted or allowed an inspector to shunt track, remove wires and
pick stick relays from 6:30 to 9:30 p.m., on April 20, 1989." Carrier file
SG-96.
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.
The record reveals that on April 20, 1989, a Signal Inspector performed certain tasks from 6:30
speed checks. As best we can ascertain from the record developed on the
property, the Claimant, who is a Signal Maintainer, contends that he should
have been called for the work pursuant to the "Call Rule," Appendix "P" of the
Agreement. The record does not disclose whether, in fact, the Carrier made a
call. Accordingly, the "Call Rule" is not applicable.
With respect to question of whether the claimed work is exclusively
reserved to the Claimant, we note that the Carrier, in its letter of October
16, 1989, relied upon Third Division Award 25546 to deny the claim on the
basis that this is a similar dispute involving the same parties under the same
Scope Rule.
Form 1 Award No. 29271
Page 2 Docket No. SG-29362
92-3-90-3-273
We agree with the Carrier and once again adhere to the principle of
adhering to the decision reached by previous Awards. Moreover, we note that,
while the Organization on the property argued that a past practice existed,
which the Carrier denied, it did not provide any documentation to support its
assertion on the property.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Z
.01-
e!:~
.Nancy er - Executive ecretary
Dated at Chicago, Illinois, this 12th day of June 1992.