NATI('AL RPTTRGAD AD,TlM1MFNT WV: ')

Award Ncrmber 19509

THIRD DIVISION `locket :;umber SG-1689t,

Robert M_ 0'.8rien, iLeferee

(Brotherhood of Railroad Signalmen _2_P'PARTIES TO DISPUTE:

(Southern Pacific Company (Pacific Lines)

_ATc..'I:,'NT OF CLAIM: Claim of the General Committee of the Brothorhood of Ratiro i

Signalmen on the Southern Pacific Company that:

(a) the Southerp Pacific Company violates the current Sir;nalraen'.: , r - nt effective April 1, 1947 (reprinted April 1, 1958 including revisions) :~17~·ii !.:Las and/or <irLlines to ..l,ply the Scope Rule, which results in L!ir: viol::ticnr -r ;(1, by assigni:,;; the reco-nized signal work of maintaining switch heaters In ;·~r~· I-ck Butte, Andusite, Grass Lake, Pennoyer, Kegg, Mt. llebron, Porris, Worden _ ',exum, all on the Shasta Division.

(b) Nessrs. H. Turner, R. W. Tiffany, D_ L. Clifford and C. Ll_ l~ail:,·.~ alluwed eight (8) hours each at their respecti·:e rates of pay for oncf, calr:ndar he-innLng November 15, 1905, and continuing so Lung as the Carri,·-r continues '.> : - 1..te the ,agreement by not assigning the recognized signal work of the maintenanc" ,7wit,h heaters at the locations shown in paragraph (a) above to employes r,)v~-rod L:li.: :;ignalmen's Agreement. (Carrier's File: SIG 152-193)

_0_fTVIO_N OF BOARD: The dispute arose when Carrier assigned other than si,;n.71

to maintain switch heaters at various locations on its prop,, .

The parties, the issues and the applicable Rules are identical to tho
present in Award 19506, and for the reasons stated therein the claim will be Jen'

While Petitioner argued before the Board that "it wns neccssary to
r emOVP the raLl braces from the gauge plate=s, and the roller s c-i n Ir3.er
from the :;rock rails", the Statement of Claim is limited to the work Df inst--ill
in, these scaitch heaters, hence there is no is.^,ue hrC,~rc· us cur.:~rnin- rail
lr nc's o7- roller hangers,

_ T:-TIZGS: The 'Rtird Division of the Adjustment Board, after giving the. parties
to this dispute due notice of hearing thereon, and open the whole ~,.r.,..
and all the evidence, finds and holds:

'"hat the Carrier and the --ployes involved in this rll;;pote rAr, . ::pact vcly r.arri or a: d i'.nployes within the meaning nL t_he l: i L~ra <i':ur A,, ..; :rppro:~orl ,Mmc .1, 1934;

'~'i,at tl1,_., Pivision of the Adjustment Board lia·; jnrir.Iict loo o-rr- the .,::~7ltr 7;7o1vr·,I , ~rr'i . , i 1nd

" Award Number 19508 Page 2

Docket Number SG-16896

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~~ /
Executive Secretary

Dated at Chicago, Illinois, this 30th day of November 1972.