Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32088
Docket No. SG-32193
97-3-94-3-618
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENI OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Atchison, Topeka & Santa Fe Railway (ATSF):
Claim on behalf of H.G. Forrest for payment of 24 hours at the
straight time rate, account Carrier violated the current Signalmen's
Agreement, particularly Rules 1 and 2, when it used an outside contractor
to wire and install components for switch lock and coded track equipment
at Mile Post 15.1, and deprived the Claimant of the opportunity to perform
this covered work. Carrier's File
No.
94-14-5. General Chairman's File
No. 01-1186. BRS File Case
No.
9523-ATSF."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are
respectively carrier and employee within the meaning
of
the Railway Labor Act, as approved
June 21, 1934.
This Division
of
the Adjustment Board bas jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
Form 1 Award No. 32088
Page 2 Docket No. SG-32193
97-3-94-3-618
This dispute involves the same parties, the same negotiated rules agreement, the
same Scope Rule, the same arguments and citations
of
authority as were advanced by
the parties in their presentation
of
the case which became Third Division Award 32058
of
this Board.
No useful purpose would be served by a repetition
of
the detailed conclusions
reached by the Board in Award 32058. Rather, inasmuch as all material aspects
of
this
case are the same as those found in Award 32058, the Findings and conclusions as set
forth in that Award are, by reference, made a part
of
this Award. This claim is likewise
denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an
award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 9th day
of July
1997.