STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Pennsylvania-Reading Seashore lines that:
EMPLOYES' STATEMENT OF FACTS: During the week of February 6 to 10, 1961, the Carrier permitted an employe not covered by the Signalmen's Agreement to remove and attempt to repair a light fixture in the Wildwood, New Jersey, station. This work in the past has been performed exclusively by employes covered by the Signalmen's Agreement.
The work involved is covered by the Scope of the Signalmen's Agreement because prior to December 1, 1951, employes in the C&S Department performed this type of work, and the Carrier and Brotherhood amended the Scope Rule effective December 1, 1951, to provide that employes in the Telegraph and Signal Department would continue to install, maintain, and do testing incident thereto, to all devices and apparatus to the extent that such work was then being performed by employes of the T&S Department. Since this revision has been in effect, as well as before, employes in the Signal Department have performed all work of installing and maintaining light fixtures in the Carrier's stations.
The Carrier has two Signal Department Employes assigned to work on lighting, maintenance of electrical power, and wiring of stations. Claimant is one of the employes thus assigned and the record shows that these two
agreed upon by the parties to this dispute. The Board has no jurisdiction or authority to take such action.
The Carrier has shown that the incident which we assume brought about this claim was an emergency situation to which the rules of any agreement would not apply; that the Employes have failed beyond any doubt to assume the burden of proof, and that, in any event, their Scope Rule was not violated, and, in fact, is not applicable. Therefore, no proper basis for the claim exists, and your Honorable Board is respectfully requested to deny the claim in its entirety.
OPINION OF BOARD: The claim is Carrier "allowed or directed" an electrician to remove and attempt to repair alight fixture in the Wildwood (New Jersey) Station. Carrier rejected the claim on the grounds that the work complained of was performed without its knowledge or authorization.
There is no evidence that the disputed work was assigned to the electrician or expressly or impliedly authorized by Carrier or performed by him under such conditions that Carrier knew, or should have known, that he was doing it. Under the circumstances, and since we have been referred to no awards that hold to the contrary, we will follow the principle laid down in Awards 9847, 10549 and 12907 and deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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