NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19417

THIRD DIVISION Docket Number SG-18965

Arthur W. Devine, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

(Norfolk and Western Railway Company

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the former New York, Chicago and St. Louis Railroad Company that:

On behalf of Leading Maintainer G. M. Harshbarger, Fort Wayne,

Indiana, for 3 hours pay at his overtime rate account Communication Depart
ment employes made tests and adjustments on October 7, 1968, on Sidney and
Arnold inspect train signal control carrier transmitters located in East
Wayne Dispatcher's office. _
/Carrier's File: chm/jsm/

OPINION OF BOARD: The claim herein.arose because allegedly other than signal
men made certain tests and adjustments on equipment which
the Petitioner has described as "the Sidney and Arnolds inspect train signal
control carrier transmitters located in the_ dispatchers office at East Wayne,
Ind."

The Scope Rule of the applicable agreement reads -

"This agreement governs the rates of pay, hours of service, and working conditions of all classes of employes enumerated in Rules 2, 3, 4, 5, 6, 7, and 8, performing work generally recognized as signal work."

In the handling of the dispute on the property the Petitioner contended that the work in questio The Carrier steadfastly denied that the work was "generally recognized signal work", and contended that the work was of a nature which has been allocated to communication workers on a system-wide basis.

Scope rules such as the one here involved are what have been characterized as being general in nature, in that they do not describe or delineate work, and where claims are made that certain work is "generally recognized signal work" and denied by the carrier, then the burden is upon the Petitioner to come forward with probative evidence to support its contention by practice, custom dispute on the property the Petitioner did not meet the burden of proof required of it to show that work." We have no alternative but to dismiss the claim.

Award Number 19417 Page 2

Docket Number SG~18965

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 claim be dismissed.

A W.~A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this e9th day of September 1972.

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