NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-17582
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Company (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Southern Pacific Company that:
(a) The Southern Pacific Company violated the current Signalmen's Agreement effective April 1, 1
it failed and/or declined to apply the Scope Rule, which resulted in the violation
of Rule 70, by assigning the recognized signal work of constructing and installing
a slide detector fence connected with the signal system in tunnel No. 20 at Auburn,
California.
(b) Messrs. E.P. Tankersly, Mr. R. N, McNamer, Mr. T. R. Johnson, Mr.
J. E. Whitlock, Mr. D. L. Hicks, and "r. G. G. Shaw, be allowed eight (8) hours
each at the time and one-half rate of their assigrmients, for each of the following
dates: Ac.gust 29, 30, and 31, September 1, 2, and 6, 1966.
(Carrier's File: SIG 152-211)
OPINION OF
BOARD: The Organization contends that the Carrier violated Rule 70
when it failed or declined to apply the Scope Rule of the
Agreement between the parties and assigned to Maintenance of Way Forces the
recognized signal work of constructing and installing a
falling
rock
dotectoi
connected with the signal system in 'funnel No. 20 at Auburn, California.
The Carrier contends that all of the signal work in connection with the
slide detector fence was in fact performed by signalmen except the work of forming
and installing metal arches from which to suspend the falling rock detector device,
which work was assigned to Maintenance of Wav forces.
As a result of a fire which partially damaged Tunnel
No.
20, there was
a hazard of falling rock which necessitated the installation of the detector device
When it became apparent to the Carrier that the method of attaching wires
to the rock ceiling of the tunnel by means of clevises was unsafe, the Carrier decided to install me
set in cement at the sides of the tunnel to support the wires of the detector syster
The Carrier argues that all cantilever and signal bridges are in fact
installed by Maintenance of Way forces rather than signalmen, and that the metal
arch here is similar in function.
Award Number
19987
Page 2
Docket Number SG-17582
The fact that the Carrier originally assigned the forming of the metal
arches to signalmen is not such a grant of exclusivity as would bar a later
assignment to other forces. It is not disputed that all insulators and wires
comprising the detector system were in fact installed by signalmen.
Finally, there is no express reference to the work in dispute in the
Scope Rule. Where there is no express reference to the work in the Scope Rule,
then the intent of the parties can only be ascertained by past practice, custom
and usage on the property (see 18919 Dugan, 11526).
The Organization has failed to prove that the work in question by
practice, custom and usage has been done system-wide exclusively by signalmen.
This Board finds that the Carrier properly apportioned the work involved
in this dispute.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
The Claim is dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~l~l~ `I~ ~.
Executive Secretary
Dated at Chicago, Illinois, this 12th day of October
19'/3.