NATIONAL RAILWAY LABOR CONFERENCE
1239 CONNECTICUT AVENUE, N.W., WASHINGTON, D. C. 200!6/AREA CODE: 202-699·9120
CHARLES 1. HOPKINS, Jr. Chairman ROBERT BROWN, Vice Chairman
W. L. BURNER, Jr., Director of Research J. F. GRIFFIN, Director of Labor Relations
D. P. LEE, General Counsel T. F. STRUNCK, Administrator of Disputes Committees
June 10, 1977
Mr. Irwin M. Lieberman
91 Westover Avenue
Stamford, Connecticut 06902
Mr. Robert M. O'Brien
27 School Street
Boston, Massachusetts 02108
Mr. Nicholas H. Zumas
Suite 505
1140 Connecticut Avenue, N.W.,
Washington, D. C. 20036
Gentlemen:
There is attached copy of Award No. 410, dated June 6,
1977, rendered by Special Board of Adjustment No. 605 established
by Article VII of the February 7, 1965 National Agreement.
Yours very truly,
i.
W
cc: Chairman - Employes' National
Conference Committee (10)
Messrs:
C. J. Chamberlain
M. B. Frye
W. W. Altus, Jr.
Fred J. Kroll
E. J. Neal
S. G. Bishop
H. C. Crotty
R. W. Smith
J. Berta
R. K. Quinn, Jr.
W. F. Euker
T. F. Strunck
AWARD N0. 410
Case No. SG-12-SE
SPECIAL BOARD OF ADJUSTMENT h0. 605
PARTIES Louisville & Nashville Railroad Company
TO THE and
DISPUTE: Brotherhood of Railroad Signalmen
QUESTION "Claim of the General Committee of the Brotherhood of Railroad Signalmen
AT ISSUE: on the Louisville & Nashville Railroad Company:
On behalf of the ten senior signal employees holding seniority on the
Atlanta Division for their hourly and monthly overtime (time and one half)
rate, beginning July 10, 1975, and continuing for as long as Seaboard
Coastline Railroad signal employees perform signal work on L&N property.
This claim, account seven SCL Signalmen (1 foreman, 2 signalmen, 4 assistant
signalmen) stringing
signal wires on L&,N poles, from ACL connection
at Tilford Yard to main office building, a distance of about 2 miles.
Also one leading signalmen and two signalmen (SCL employees) performing
signal work installing relay racks in main office building in preparation
for CTC machine; this claim to include the CTC machine, cables, wires and
associated circuits, when installed, if these circuits and the CTC machine
are installed by SCL signal forces."
ceINION OF This dispute involves two coml)onert companies of what are known as "Family
THE BOARD:
Lines System"
which is
composed of five railroads, the SCL, L&N, Georgia,
Clinchfield and West Point route. The five carriers operating in the proximity of Atlanta
planned and implemented a program to coordinate certain operations in Atlanta. As a re
sult there were in fact, two cbordinations under the Washington Job Protection Agreement.
One involving clerical employees and the other involving shop craft employees. As part
of this activity a former L&N facility known as the "Marietta Building" was converted in
to a transportation center in Atlanta for the use of the five railroads.
The claim herein, involves SCL signalmen installing SCL cross arms on poles owned by the
L&N and stringing SCL wire for a distance of about 2 miles between the SCL Howell Yard
and the Marietta Building. SCL employees also installed relay racks and necessary connections for their CTC machines in the Marietta Building. It must be noted that the SCL
_..tployees have not alleged that a coordination has been effected at Atlanta. It also
must be noted that the record indicates that none of installations pur·ormeo by SCE employees was for L&N use or benefit. It was all work for the exclusive use of SCL Rail-
_2-
d
road.
The crux
of
this dispute is whether or not there was a coordination under the terms
of
the Wasnington Job Protection Agreement. Section 2 (a) of that Agreement defines coordination as follows:
"The term coordination as used herein means joint action by two or more Carriers
whereby they unify, consolidate, merge or pool in whole or in part their separate
Railroad facilities or any of the operations or services previously performed by
them through such separate facilities."
The record herein indicates that the L&N poles on which the SCL lines were strung were
constructed initially by tie Commwiications ikpartment employees. Those employees' Agreement specifically recognized Carrier's right to grant attachment rights on those poles.
Carrier alleges, and the record contains no contradiction, that it had granted the SCL
attachment rights for the purpose of stringing the signal code wires and those wires
were installed exclusively for the SCL's use and purposes. Further, the record indicates,
that the second issue involving the CTC machine installation does not involve any equip-,,,
ment, even prospectively, for the use of L&N Railroad performed by SCL employees. The
record also indicates that the granting and obtaining of attachment rights is common
practice on tnis Railroad's property.
The Was1iington Job Protection Agreement crust be strictly construed as indicated by its
own language. It is limited in terms of coordination to changes in employment as defined
in that Agreement. The granting of attachment rights similar to the granting of trackage
rights by one carrier to another does not meet the definition of coordination. Two other
elements of this dispute must be noted as well. One is that in the presentation to this
Board, there has been no indication that the signal employees named have been adversely
affected by the activities of the SCL signal employees. Second, the processing of this
claim on the property lends considerable credence to Carrier's argument that it was processed as a time claim or penalty claim under the schedule Agreement rather than an
alleged violation of The Washington Job Protection Agreement. It is quite clear that
this Board is not empowered to handle claims of alleged violation under the schedule
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Agreement. In view of that fact, plus the obvious conclusion that there has been no
coordination in this dispute, the Board has no jurisdiction over this matter and it
must be dismissed.
AWARD
There has been no coordination under the WJPA and the Committee is without
jurisdiction to consider alleged violations of the schedule Agreement.
The claim must be dismissed.
I.M. Lieberman - Neutral Member
Wasizington, D. C.
June 6, 1977