NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-17589
(Brotherhood of Railroad Signalmen
(Northern Pacific Railway Company
STATE'fENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signal
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly the Scope - Rule 1, when on or about January 13 and 14, 1966, the
Electrical Department installed in Montana at West Frenchtown, East Frenchtown,
and DeSmet the 220-volt service connections for commercial power used solely
to feed signal circuits and storage batteries in the Centralized Traffic Control System between Miss
which system was installed by Signal Foreman B, J, McComb's Gang No, 1,
(b) Carrier be required now to pay leading Signalman J,S. Young,
Signalman A, H. Johnson, Leading Signalman L. H, Young, Signalman B. B. Johnson,
Signalman F, G. Nepstad, and Signalman R. L, Tridale eight (8) hours each at
their respective pro-rata rates.
OPINION OF BOARD: Dockets SG-17502 and SG-17589 represent similar factual back
grounds and involve identical principles: namely, the appli
cation of the Scope rule and the extent to which the work traditionally performed
by signalmen until 1962 may now be performed by electrical workers. In both cases
the carrier assigned to the electrical workers the installation of a 220 volt
service connection from a commercial power line to a meter loop installed on
a signal circuit and system. The signalmen objected to this assignment to
the electrical workers as a violation of the Scope rule. The International
Brotherhood of Electrical Workers intervened to protect the assignment of the
disputed work for their members and filed a submission asserting that the dis
puted work is covered by their agreement with the Carrier. One opinion shall
apply to both Dockets hSG-17502 and SG-17589 and shall be incorporated in both
This Board has held on innumerable occasions that cohere work has been
tre3itionally assigned under the Scope Rule it will not act to sanction the
transfer of the work to another category of employees. It seems clear that
there was a unilateral charge of management policy fn regard to the assignment
of this disputed work. This is supported by the letter of S. C. Scrorder, Signal Engineer, setting f
"Management's
policy now
(e:-.:nh_sis added) requires that electrical workers install the work far which
you are now raking, claim and consequently there is nothing further that can be
dog= about this matter."
Y.
...
Award Number 19526 Page 2
Docket Number SG-17589
The "now" emphasized above would indicate that it was not the practice
previously. The Carrier and the International Brotherhood of Electrical
Workers both argued or, behalf of the electrical workers that their Scope
rule specifically mentions meter loops. The signalmen do not deny that when
a meter loop is to be installed in connection with the construction of a
station that it is the work of the electricians; it is only when the meter
loop is to be installed in connection with a signal system that the signalmen lay claim to the work.
the International Brotherhood of Electrical Workers lay claim to any work
involved in or connected with a signal, signal facility, or signal system,
nor is there any practice of reserving the disputed work to the electrical
workers.
In Docket -0f17502 the electric energy was supplied to a detector
device and in Docket X17589 the electric energy was supplied to a centralized
traffic control system. It is important to note that the Carrier, in Docket
-0k17502, assigned to signalmen all but the relatively minimal part of the
system involved in the installation of the disputed meter loop. It is the
opinion of this Board that in so doing they placed the work within the signalmen's craft and therefo
controls.
While the Scope Rule of the current signalmen's agreement does not
specifically mention meter loops as part of the signalmen's work, this Board
has consistently applied as the controlling criterion that if the work to be
performed was for the purpose of a signal system it is signalmen's work. The
agreement between the signalmen and the Carrier goes back to April 1, 1923.
It was superreded by the one which became effective August 1, 1943, which
was again superseded by the agreement which became effective April 16, 1950,
The practice of assigning this work exclusively to the
signalmen for
twenty
seven years
cannot now be changed arbitrarily or unilaterally. The claim
is sustained.
FINDINGS; The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and 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;
.. , cv i
Award Number 19526 Page 3
Docket Number SG-17589
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
The Agreement was violated
A W A R D
The claim is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
v By Order of Third Division
ATTEST:
61
Executive Secretary
Dated at Chicago, Illinois this 20th day of December 1972.