NATION AL RAILROAD ADJUSTMENT 30ARD
=H7-RD DI<.'=SIC:: Docket Number SG-19917
Dana E. --ischen, Referee
(Brotherhood of Railroad Signaimen
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CIAIM: Claim of the General Committee of the Brother-
::ocd of 'Railroad Signalmen on the Soo Line Railroad Comoany:
On behal: of Signal Maintainer L. D. Suhsen for six (6)
hours' overtime pay account Roadmaster C. E. Bommersbach testing high
way crossing signals at Highway #29, Glenwood, Minnesota, on March 21,
1971. /Carrier's File: 900-46-B-104/
OPINION OF BOARD: On Saturday, March 21, 1971 Carrier's Roadmaster
at Glenwood, Minnesota depot received an anony
mous telephone report that the crossing signal at State Highway No.
29 was not operating. The roadmaster proceeded to the crossing and
attempted to check the signals by placing a bar across the rails in
an apparent attempt to shunt the signal's track circuit. This opera
tion proved ineffective because, apparently unknown to the roadmaster,
the crossing in question was protected by a solid state analog con
trol system which cannot be tested with a shunt. Having failed to acti
vate the signal by a shunt, the roadmaster remained at the crossing
site to observe the nexttrain movement. The roadmaster observed that
the signal functioned properly with the next passing train, concluded
that the report of malfunction was in error, and returned to the depot.
Petitioner on behalf of claimant maintains that the actions
of the roadmaster constitute testing of signals in violation of the
Scope and Classification rules of its Agreement, reproduced below in
pertinent part:
"SCOPE RULE
This agreement governs the rates of pay, hours of
service and working conditions of all employes in
the Signal Department (except supervisory forces
above the rank of inspector, clerical forces and
engineering forces) performing the work generally
recognized as signal work, which work shall include the installation, maintenance and repair of
signals, interlocking plants, car retarders, highway crossing protection devices and their appurtena
shop work, and all other work generally recognized
as signal work.
Award Number 20172 Page 2
Docket Number SG-19917
'__ is undarsteod =he _`ollowing cIassi=:=ac_ons shall
_n.'_ude all she imolives o= :ne Sinai :apartment q=r~orming the work enumerated under the heading o
"Article 1 Classification
Rule 6. Signalman, Signal Maintainer: An employe
assigned to perform work generally recognized as
signal work. Signal work as referred to herein includes the maintenance, repair and construction
work as outlined in the Scope of this agreement."
Carrier contends that the claim is without merit because there was no demonstrated signal failur
the roadmaster's mere observation was not violative of the agreement. In this connection Carrier arg
shunting of the analog control system did not constitute "testing."
There is no dispute herein regarding Carrier's perogative, indeed, responsibility to determine i
trouble is actually a fault or misoperation. Nor do we pass herein on the question of whether "looki
or "inspecting" within the coverage of the agreement in the circumstancesof this case. We do hold th
the rails to shunt the reportedly malfunctioning signal the roadmaster performed a testing operation
signals which is work accruing to Signalmen under the Scope Rule.
Claimant is an employe covered by the Signalmen's Agreement who
was available for call. Accordingly, the claim will be sustained.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herin; and
That the Agreement was violated.
Award Number ?O1?? Page 3
Docket 'lumber SG-19917
A
,a
.A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:·G~3,
Executive Secretary
Dated at Chicago, i11inois, this 15th day of Mar^_h 1074.