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1 MATIONAL RAILROAD ADJUSTMENT
BOARD Award No. 6343
SECONDDIVISION Docket No. 6166
2-B&O-EW-'72
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 30, Railway Employes'
Department, A. F. of L. - C. I. 0.
Parties to Dilute:
( (Electrical Workers)
(
( The Baltimore and Ohio Railroad Company
Dispu
te: Claim of Employes:
1. That the Baltimore arid Ohio Railroad Company violated the controlling
.Shop Crafts' Agreement, as amended, particularly Rule 28, 29, 1.25 and
126, governing Electrical Workers, as is applicable in those departments
specified in the Scope Rule, when Signal Department employees were
assigned to, and performed work accruing to Buffalo District Road
Electricians in extending ,power wiring from main disconnect switch,
underground to existing pole lines carrying C.T.C. signal lines.
2. That accordingly, the Baltimore and Ohio Railroad Company, hereinafter
referred to as B&0 or Carrier, be ordered to compensate Claimant
Electrician R. L. Sutton four (4) hours pay at the applicable pro rata
rate account signal employees extending a power feed, underground at
a point location identified as Windfall Road-B&O Crossing 3761 on
October 22, 1_969, to existing C.T.C. pole lines.
Findings:
.
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe 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 wQived right of appearance at hearing thereon.
Since the Carrier's Signal Department employees, and
their duly authorized
representative., Brotherhood of Railroad Signalmen,, were given notice of this dispute
and intervened in these proceedings the Carrier's contention that this Division has
no authority to adjudicate this dispute is no longer a factor in this case.
Form 1 Award No. 6343
Page 2 Docket
no. 6166 ,
' 2-B&O-EW-'72
The Carrier in this case was installing a Centralized Traffic Control
(C.T.C.) on its Buffalo Division. As a part of this sytem the power company provided
service to a location and Electricians set service poles, installed meters, fused
safety disconnect switches and necessary wiring to the meter side of the switch.
Signalmen then connected a wire to the fused safety disconnect switch and ran wires
down the poles., underground to a Western Union pole, then up,the pole to existing
signal lines. The conne_,tion of the wires to the signal lines was made directly without the use of a junction box, meter, relay case, caps, fuses, and the like. There
were eleven such installations completed prior to the Claimant's claim in this case.
The Claimant has relied on the Electrical Worker's Classification Rule 125,
whereas the Carrier relies on the Signalmen's Scope Rule which provides:
". . .where
power is supplied from other sources for Signal
Department purposes, Signalmen's work will exclude work from
such source to and including a fused switch or approved
receptacle at designated point of delivery. Signalmen's work
will include all work from such point of delivery to and including signal facilities."
The work in dispute in this case specifically falls within the Signalmen's
Scope Rule. There is no substantial evidence showing that this work has been exclusively performed by Electricians. It has been generally accepted in prior Awards tha..
the Electrician's work terminates at the point of deliver-,, and Signalmen's work begins
at this point where power is utilized for Signal Department facilities.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: `~
Executive Secretary
Dated at Chicago, Illinois, this 7th day of July, 1972.