Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32091
Docket No. SG-32244
97-3-95-3-59
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
STATEMENT 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 C.E. Booth, L.V. Welch, J.R. Clarke, S.P.
Drilling, J.E. Bennett, I.K. Wright, M.C. Newsom, G.W. Brittain, J.
Delgado Jr. and D.A. Lund for payment of 600 hours at the straight time
rate, to be divided equally among the Claimants, 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 signal
control equipment at Colton Rana and Mile Post 0.7, and deprived the
Claimants of the opportunity to perform this covered work. Carrier's File
No. 94-14-11. General Chairman's File No. 01-1202. BRS File Case No.
9524-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 has jurisdiction over the dispute involved
herein.
Form 1 Award No. 32091
Page 2 Docket No. SG-32244
97-3-95-3-59
Parties to said dispute were given due notice of hearing thereon.
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.
I