Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33155
Docket No. SG-33480
99-3-96-3-1041
The Third Division consisted
of
the regular members and in addition Referee
Dana E. Eischen when award was rendered.
(Brotherhood
of
Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood
of
Railroad Signalmen on the CSX Transportation Company (B&O):
Claim on behalf of R.D. Elstun, T.L. Fessel, F.H. Wells, L.A.
Yeager, and R.E. Prevo for payment of an amount equal to the hours
worked by maintenance forces on Signal Construction Project A16548,
account Carrier violated the current Signalmen's Agreement, particularly
Agreement No. 15-18-94, when it used maintenance forces to perform
construction work. Carrier's File No. 15(96-11). BRS File Case No.
10003-B&O."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1
Page 2
Award No. 33155
Docket No. SG-33480
99-3-96-3-1041
The Claimants in this case are the members of System Signal Construction Team
7X14. Claimant R. D. Elstun, who is the Local Chairman of the Organization, filed this
claim on behalf of himself and the other members of his System Signal Construction
Gang after the Carrier assigned BRS-represented Signal Maintenance employees from
the St. Louis Division to perform certain unspecified work on Project No. A16548. The
Carrier's Director Employee Relations denied the claim by letter of March 4, 1996
reading, in pertinent part, as follows:
"This refers to your letter of January 8, 1996, received in this office on
January 17, 1996, appealing claim in behalf of R. D. Elstun, ID# 518930,
T. L. Fessel, ID# 188662, F. H. Wells, ID# 182648. L. A. Yeager, ID#
320443 and R. E. Prevo, ID# 188061, for an unspecified payment for
September 14, 1995, account St. Louis Division Maintenance employees
allegedly performed Signal Construction work at some unspecified date.
We are unable to determine from your appeal exactly what it is that you
are claiming. You do not identify the employee or employees whom you
allege were utilized to perform `the construction work'. You do not specify
the remedy sought in this case, nor do you say what work was allegedly
performed. In short, the appeal is too vague to qualify as a valid claim.
You complain that `the Division maintenance employees will not provide
you with the correct date, or hours worked.' After reading your appeal, I
can readily see why. It appears that you simply allege that something
happened and request that the Carrier develop your claim for you. It is
apparent that the system simply does not work that way.
Initially, you must show that some action of the Carrier violates some
provision or Rule of the Agreement. In this case, you have not shown
anything. The appeal is nothing more than naked assertions and do not
qualify such as a valid claim.
Based on the vagueness and unsupported assertions contained in your
appeal, the claim is declined in its entirety."
The above-referenced defects in the claim were not rectified until November 2,
1996, some five months after the claim had been denied following the claims conference
in June 1996. Leaving aside the procedural objections raised by the Carrier, the claim
Form 1
Page 3
Award No. 33155
Docket No. SG-33480
99-3-96-3-1041
must be denied on its merits. The Organization's position in this case is based on its
reading ofthe definition oftheterm "construction work" in CSXTLaborAgreementNo.
15-18-94. The definition reads:
"Construction Work - That work which involves the installation of new
equipment and systems and the major revision of existing systems, and not
that work which involves maintaining existing equipment or systems.
Replacing existing systems as a result of flood, acts of God, derailment or
other emergency may also be construction work."
Although CSXT Labor Agreement No. 15-18-94 specifically defines construction
work, nothing therein expressly or by reasonable implication exclusively reserves
construction work to System Signal Construction Gangs to the exclusion of Signal
Maintenance Gangs. On its face, there is no explicit reservation of construction work
for System Signal Construction Gangs in that definition. Based primarily upon the lack
of any proof of a violation of the cited Agreement language, this claim is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of March 1999.