C ®O P ` RA, e I NI G RAILWAY LABOR Ok=N:L:i
G. E. Leighty · Chairman
 Railway Labor Building . Suite 804
 400 First Street, N.W. . Washington, D. C. 20001
 Code 202 RE 7-1541



200 Maryland Ave,, N.E. · l_ Code 202 547-7540

 Mr. C. L. Depiiis / Mr. H. C. firotty Mr. A. R. owty Mr. C. .Chamberlain Mr. R. . Smith

 Dear Sirs and Brothers:

 September 25, 1969

I am enclosing herewith copies of Awards No. 142 through 144 signed by Referee Zumas on September 22, 1969. We intend to dissent on Awards 142 and 144 because they are definitely contrary to the Agreement and the interpretations thereof.






Five Coopers g Rat y abor anizations
 - Award No. 142

SPECIAL BOARD OP ADJUST:·ff'NT N0. 605
PARTIES ) Brotherhood of Railroad Signalmen
 · TO ) and
 DISPUTE ) Erie Lackawanna Railroad Company
 QUESTION
 AT ISSUE: Claim of the Brotherhood of Railroad Si0gnalmen
 that the Erie Lackawanna Railroad Company should
 be required to compensate Marion Division signal
 employes as follows account transferring Kent
 Division Signal Gang No. 50 to the Marion Division
 without an implementing agreement in violation of
 the February 7,1965 Agreement:
 Foreman C. L. Coates: One (1) day's pay for
 each and every week Gang 50 worked on the
 Marion Division after February 10, 1967.
 Laadinp Si~nalman R. H. Dinius: Overtime pay
 for each and every hour a Leading Signalman
 in Gang 50 worked on the Clarion Division
 after February 10, 1967.
 Signal Maintainers C. E. McGee and E. E.
 Goodwin; Signalmen 0. B. Daniels, T·J. J.
 Bryant and P. L. Kennedy: Overtime pay
 for each and every hour the five (S)
 Signalmen in Gang 50 worked on the Marion
 Division after February 10, 1967.
 Assistant Signalman :J. E. McKenzie: Overtime
 pay for each and every hour an Assistant
 Signalman in Gang 50 worked on the Marion
 Division after February 10, 1967.
 Helper V. R. We inley: Overtime pay for each
 and every hour a Signal Helper in Gang 50
    - worked on the Marion Division after February 10,

                    1967.


                    The time claims to be based on time shown on time sheets submitted by R. H. Jerome, the Foreman on Gang 50.


    OPINION

    OF BOARD: As the result of an ice storm on January 26, 1967 which

    caused considerable damage to its signal facilities in

    the Marion seniority district, Carrier transferred

    signal employes from other seniority districts into the

    Marion district to make temporary repairs in order to restore the signal

    system to service..

                                      Award ?;o. 142


                                        Case No. SG-21-.E


                        -2-


Employes from the Kent District Signal Gang No. 50 were retained to work in the Marion district through the middle of March, 1967 even though, as the Organization contends, the signal system was restored to service around the middle of February, 1967.

 The claims are based on the fact that the employes were transferred without an implementing agreement in violation of Article III of the February 7, 1965 Agreement.

 The issue to be determined is whether implementing agree::ents are required when employes are transferred temporarily from one seniority district to another.

 The precise question was determined by this Board in Award No. 70. There we held that implementing agreements are required only when permanent transfers are involved. We stated:

          "The Board's view that the February 7 Agreement

          requires an implementing agreement only when a

          permanent transfer is contemplated, is supported

          by Awards 32 and 66 of Special Board of Adjust

          ment No. 605." °


                        AWARD


      The claims are denied.


                        Nicholas H. Z as

                        Neutral Memb=


Dated: Washington, D.C. v

September 22, 1969.
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