NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Kieran P. O'Gallagher, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Pennsylvania Railroad Company
that:
(a) The Carrier violated the scope of the current Telegraph and
Signal Department Agreement when recognized T&T Line Foreman
work was performed by Contractor's men; such work was performed
by one Foreman and four men when they worked on changes to the
4150 volt line in the vicinity of Coalport Yards and the Trenton
Freight Station. This work was made necessary on account of new
Sub-Station at Trenton Freight Station. This work was also made
necessary on account of new Sub-Station at Trenton Freight House,
and the subsequent removal of the Sub-Station building at Perry
Street due to property being sold.
(b) A comparable number of hourly-rated T&S employes of the
Trenton Line Gang FG2TB, who were entitled to this work, be compensated for all time made by the Contractor's men while working on
this project.
(c) A comparable number of monthly-rated T&S Foremen of
FG2TB, who were entitled to this work, be compensated for all time
made by the Contractor's Foreman while supervising this work on the
above-mentioned project. [System Docket No. 76-New York Region
Case No. 5/58]
EMPLOYES' STATEMENT OF FACTS: Beginning on or about February 11, 1958, the Carrier allowed Contractor's employes to perform work
on the 4150 volt power line in the vicinity of Coalport Yards and the Trenton Freight Station, Trenton, New Jersey. As the Contractor's employes are
not covered by the Signalmen's Agreement, and the 4150 volt power line had
been built by this Carrier's signal forces who are covered by that agreement,
Mr. W. R. Edwards, Sr., Local Chairman, presented a claim dated
March 5,
1958, to Mr. 0. M. Wiland, Engineer-Communications and Signals, as follows:
[458]
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479
conditions of employment and obligations with reference thereto not agreed
upon by the parties to this dispute. The Board has no jurisdiction or authority
to take such action.
CONCLUSION
The Carrier has shown that the work involved in this dispute was not
work reserved exclusively for T. & S. Department employes by virtue of the
Scope Rule of the Signalmen's Agreement or otherwise; and that the performance of such work by the contractor's employes was not in violation of
said Agreement. Therefore, no proper basis for the claim exists, and your
Honorable Board is respectfully requested to deny the claim in its entirety.
The Carrier demands strict proof by competent evidence of
all facts
relied upon by the Employes, with the right to test the same by crossexamination, the right to produce competent evidence in its own behalf at a
proper trial of this matter and the establishment of a proper record of all of
the same.
All data contained herein have been presented to the employes
involved
or to their duly authorized representative.
(Exhibits not reproduced.)
OPINION OF BOARD:
The issue here is whether or not the Scope Rule
of the current agreement confers exclusively upon the Organization to remove
the wires and cross arms of the 4150 volt transmission line involved in this
dispute.
The Scope Rule is as follows:
"These Rules, subject to the exceptions hereinafter set forth,
shall constitute separate Agreements between the Pennsylvania Railroad Company, and Baltimore and Eastern Railroad Company and
their respective Telegraph and Signal Department employes, of the
classifications herein set forth (and hereafter these Agreements for
the sake of convenience shall be referred to as "the Agreement')engaged in the installation and maintenance of all signals, interlockings, telegraph and telephone lines and equipment including
telegraph and telephone office equipment, wayside or office equipment of communicating systems (not including such equipment on
rolling stock or marine equipment), highway crossing protection (excluding highway crossing gates not operated in conjunction with
track or signal circuits), including the repair and adjustment of telegraph, telephone and signal relays and the wiring of telegraph,
telephone and signal instrument cases, and the maintenance of car
retarder systems, and all other work in connection with installation
and maintenance thereof that has been generally recognized as telegraph, telephone, or signal work-represented by the Brotherhood of
Railroad Signalmen of America and shall govern the hours of service, working conditions and rates of pay of the respective positions
and employes of the Pennsylvania Railroad Company, and Baltimore
and Eastern Railroad Company, specified in Article 1 hereof, namely,
inspectors, assistant inspectors, foremen, assistant foremen, leading
maintainers, leading signalmen, signal maintainers, telegraph and
signal maintainers, telegraph and telephone maintainers, signalmen,
assistant signalmen, and helpers.
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"(Effective June 1, 1950) The employes in the Telegraph and
Signal Department shall continue to install, maintain and repair, and
do testing incident thereto, of all devices and apparatus, including air
compressors, motor generator sets, and other power supply (when
such compressors, sets or power supply are used wholly or primarily
for signal or telegraph and telephone devices, apparatus or lines, and
are individually housed in signal or telegraph and telephone facilities), which are part of the signal or telegraph and telephone systems, to the extent that such work is now being performed by employes of the Telegraph and Signal Department. This paragraph shall
not, however, prejudice any rights which such employes may have
under the Scope Rule, exclusive of this modification, to claim work performed by other crafts in violation of the Scope Rule."
The Board finds that the removal of the facilities involved is not work
defined in the Scope Rule, and following the principle laid down by this Board
in Award No. 8172 interpreting the Signalmen's Scope Rule, which the Board
finds to be specific in nature, we must deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1963.