NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19532
Joseph A. Sickles, 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 Rail
road Signalmen on the Western Region of the Norfolk and
Western Railway Company (former Wabash Railroad Company) that:
(a) Carrier violated the Signalmen's Agreement, particularly the
Scope and historical practice, when, on February 28, 1970, (a rest day for
shop employes) persons not regularly assigned to the Signal Shop at Decatur,
Illinois; i.e., Assistant Supervisor accompanied Signal Maintainer Beckham,
entered the shop and obtained signal material from therein.
(b) Carrier should now pay to Signalman 0. B. Little, who is regularly assigned to the Signal Shop,
OPTN
ION
OF BOARD: On Claimant's rest day, an Assistant Signal Supervisor
unlocked Carrier's Signal Shop to permit a Signal Main
tainer to procure certain material. Petitioner contends that said act con
stituted a violation of the Scope Rule of the Agreement - relying upon his
torical practice on the property.
Carrier denies a violation, stating that Petitioner has not demonstrated an exclusive historical pra
We concur with the position of the Carrier.
A reading of the Scope Rule itself does not compel us to conclude
that the unlocking of a door on one of Carrier's facilities is a violative
act. Further, the record fails to show that any other "work" was performed.
Under this Scope Rule (which does not reserve the disputed work to any one
employee or group of
employees),
in order to find a violation, we require a
showing, by means of history or custom, of an enforceable practice. The
only evidence suggesting such a practice was apparently never presented to
Carrier while the matter was being handled on the property and (in accordance with numerous Awards o
for consideration.
The Organization has failed to meet its burden of proving its claim
by a substantive preponderance of the evidence and we must therefore dismiss it.
Award Nu:-4ber 20040
Page 2
Docket L:tn'ber SG-19532
F7idDIt&S: The Third Dirision of the Adjustc,=·,t Board, tr:on the vvi:ole rec
and all the cvidence, finds and ho=i.ds:
That the parties waived oral hesrin.-;
That the Carrier and the D~-ployes involved in Lhis dispute are
respectively Carrier
co:d
Eamloycs witl.in the r._cning of il.e Railw^riy Labor Act,
as approved June 21, ly34;
Thct this Division of the Adjustru-nit Board has jurisdiction over the
dispute involved herein; and
That the claim should be dismissed.
A W A R 1)
Claim dismissed.
Lil.'.!.`7C:.:'.TrHI=.'.^,:D ADIOUSTI:ZT DGM
By Or;:<^.r of ',"gird Division
ATTEST:
ve S-
Dated at Chicago, Z71iLois, this 20th day ofNovember 1973.