NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19048
Arthur W. Devine, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Denver Union Terminal Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail-
road Signalmen on the Denver Union Terminal Railway Company
that:
(a) The Denver Union Terminal Railway Company violated the current
Signalmen's Agreement, effective September 1, 1949, including revisions, when
it failed and/or declined to apply the Scope Rule by assigning employes not
covered by the Classification Rules to perform work covered by the Scope, of
correcting signal trouble at switch locations 161 and 157 at 4:00 A.M. on
October 4, 1969.
(b) Mr. G. J. Miller be allowed two (2) hours and forty (40) minutes
at the time and one-half rate of his assignment in addition to any compensation
allowed Mr. Miller for October 4, 1969. (General Chairman's File: GJM-10-22-69;
Carrier's File: 018.1)
OPINION OF BOARD: The record shows that on the date involved towerman was un-
able to secure proper indication of certain switch points in
interlocking plant. When this occurred, a maintenance of way employe was called
and cleared snow out of the switches, following which they operated properly.
The Board has held in numerous awards that the removal of snow and ice
from interlocking switches by other than signal employes when there is no malfunction of equipment n
control machine, the Board has held that signalmen should be called. In Award
11761 (Dorsey) in a situation comparable to the one here involved, the Board held:
"The evidence supports the contention of the Petitioner
that electric switch No. 13 failed to lock in the normal position, and that as a result a track fore
called out. After these employes cleaned snow and ice out of the
switch points, the switch operated normally.
"We find that the work involved was incidental to the proper
operation of the interlocking and as such belongs to employes
covered by the Signalmen's Agreement. Award 4593.
"The claim will be sustained."
Award Number 19333 Page 2
Docket Number SG-19048
Award 11761 was affirmed in Awards 19186, 19270 and 19282. We
adhere to the principles enunciated in those awards. See also Awards 13938,
14577, 18372 and 18557.
The claim will be sustained.
We have considered the submission of Brotherhood of Maintenance
of Way Employees and the pertinent part of its agreement with Carrier and find
that under the circumstances herein Carrier's failure to call Signalmen violated Signalmen's Agreeme
FINDINGS: That 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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
--
Executive Executive Secretary
Dated at Chicago, Illinois, this 14th day of July 1972.