Award No. 18865 Docket No. SG-18589







PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Long Island Rail Road Company:


On behalf of Mr. A. Licata for a minimum call of two (2) hours and forty (40) minutes for work performed on our equipment by employes of the B&B Department on November 13, 1968. (SG-2-69)


E16IPLOYES' STATEMENT OF FACTS: Claimant herein is Communications Maintainer A. Licata, with headquarters at Jamaica Station, Jamaica, New York. The dispute arose because on November 13, 1908, Bridge and Building Department Employes removed, reinstalled, and painted a police call box, an amplifier platform and amplifier in the Yard Master's Office located at Richmond Hill.


Inasmuch as the Signal and Communications Agreement covers the installation and maintenance of such equipment, a claim was filed on behalf of Mr. Licata, who should have been assigned to perform the work involved. The Scope Rule of the Signal and Communications Agreement is shown below for ready reference.




These Rules, subject to the exceptions hereinafter set forth, shall constitute an Agreement by and between Win. Wyer as Trustee of the Long Island Rail Road Company, Debtor and Telegraph and Signal Department Employes of the aforesaid Debtor Company of the classifications herein set forth engaged in the installation and maintenance of all signals, interlocking, 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, car retarder systems, electric strip type switch heaters and all other work in connection with installation and maintenance thereof that has been generally






Rule 26 is, in all material respects, identical to Article V of the August 21, 1964 National Agreement.






OPINION OF BOARD: The Organization postulates that this claim be allowed on the basis of a violation of the Scope Rule of the Agreement by Carrier when Bridge and Building employes removed, reinstalled and painted a police call box, an amplifier platform and amplifier in the yardmaster's office at Richmond Hill.


This claim is analogous to Award Number 18864, in which case this Board held that the painting in dispute was attained for appearance and decorative purposes instead of maintenance or preservative purposes.


Therefore, applying the principles set forth in said Award Number 18864, we find that Carrier did not violate the Agreement, and 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 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












Dated at Chicago, Illinois, this 10th day of December 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18965 6