NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-17641
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEPIFNT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Company (Pacific
Lines) that:
(a) The Southern Pacific Company violated the current Signalmen's
Agreement effective April 1, 1.947 (reprin`-ed April 1, 1958, including revisions),
when it failed anal/er d~clin_d zo epply the Scope rule which resulted in the
violation of Rule 70, b,- assigning recognized signal work to e;nployes who are
not covered
'3y
the Classification Rules of the Signalmen's Agreemcnt, at
Jennings H-imp Yard on A·xl:ist 26, September 7, 8, 12, 13, 14, and 15, and
October 7, 1955.
(b) Mr. S. E. Bradley a·0 Mr. A. E. Sidwell be allowed eight (8)
hours each at their prevailing rates for Au-.list 25, September 7, 8, 12, 13,
14, and 15, and October 7, 1966.
(c) Any future installation of this type be assigned to e.Tployes
covered by the Classification rules of the Signalmen's Agreement. /Carrier's
File: SIG 152-214/
OPINION OF BO.4Rn: On claim dates, Carrier assigned the work of installing
and maintaining flange oilers and their detectors to employes
covered by the Maintenance of Way Organization. On these same claim dates,
Carrier assigned the work of installing a Raco Magnetic D?tector with relays
and circuitry, to the employes covered by the Electricians' Agreement. A
portion of the circuitry installation was performed by Signalmen. In this
dispute, the Brotherhood of Railroad Signalmsn of America contend that the
above described work was improperly assigned to Electrician and Maintenance
of Way employees. Notice of the pendency of this claim waa properly trans
mitted to the Electrician and Maintenance of Way Organizations. These sub
missions allege that Carrier properly assigned the work involved in this dis
pute. The Signalmen's Organization zontends that during 1963, Carrier in
stalled a flange oiler betwean the retarders and power switches of the retarder
system to reduce flange wear in the switches; that the Signalmen employes
installed a French Silec Contactor which was also maintained by Signal employes
and which controlled the flange oilers on the power switches; that the magnetic
detectors are connected by means of a signal circuitry to the retarder system
and are, therefore, a1 integral part of the reta_der system; that the Raco
Magnetic Detector is a substitute for a track circuit; and that, therefore,
the assignment of the involved work to employes covered by other than the
Award Number 19604 Page 2
Docket Number SG-17541
Signalmen's Agreement is a violation of the Scope Rule of Claimants. Carrier
denies that the involved work is covered by the Scope Rule of Claimant's
Agreement; that the installation of the "Silec Rail Detector" was performed
by Signal Department employes only on one occasion; that this work is not
performed by Signal Department employes on a system wide basis; that the
"Raco Magnetic Detector" are not a part of either the signal system or car
recorder system, and that, therefore, this claim should be denied.
The record in this dispute discloses that only on one occasion
did Carrier assign the installation of a"Silec Rail Contactor" to Signal
employes, and in that particular case, this work was assigned to Signal employes only for the reason
Shop at the time it was needed on an experimental flange oiler. The Scope
Rule is void of any specific reference to the involved work. Therefore, since
the involved work is not defined anger the Signalmen's Scope Rule, the Organization Must show by a p
custom and practice on this property, they have performed such work to the
exclusion of all others. The record in this case shags that the Organization
has failed to sustain that burden.
The record further discloses that the primary function of the flange
oilers installed at Roseville, actuated by the "Raco Magnetic Detectors" was
to increase the rollahility of the cars being classified to preclude the incidents of overspeed impa
said flange oilers are not a part of either the Signal System or a Car Retarder
System.
This Board finds that Carrier, in this instance, properly apportioned
the work involved in this dispute.
FINDINGS: The Third Division of the Adjustment Goard, 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, 193.1;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
Award Number 1`~F;'.~
Pa ;e 3
D,~:;~t ,;umh~r
SG_17·,4;
A W \ D
Claim
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