NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20201
Frederick R. Blackwell, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the Gene=al Committee of the Brotherhood of
Railway that: Railroad Signalmen on the Chicago and North Western
(a) On or about August 12, 1971, Carrier violated the current
Signalmen's Agreement when employes of the Communications Department installed a "dragging equipment
(b) Carrier now be required to compensate the following members of Signal Crew #2 an amount of t
D. C. Gordon, Foreman
R. R. Siders, Signalman
M. E. Naber, Signal Helper
1Carrier's File: 79-3-96/
OPINION OF BOARD: This is a Third Party case in which the IBEW has filed
a Submission stating that the Carrier properly assigned
the work involved in this dispute to the Electrical Workers' craft.
The Signalmen contend that the Scope of their Agreement was violated when the Carrier permitted
a "dragging equipment detector" at Dunlap, Iowa. The specific theory is
that such a detector is covered by the text of the scope rule which secures
to Signalmen the construction, repairing, etc. of: (1) "all appurtenances
on or along the railway tracks for the regulation of the movement of trains
" (Scope, paragraph 1); and (2) "all detector devices connected to or
through signal or train control apparatus." (Scope, paragraph 1(1)). (There
is no contention that the work is generally recognized as signal work.)
The language "all appurtenances", etc. in the rule, immediately
precedes the phrase "as follows"; this phrase then introduces or leads into
about twelve subparagraphs
which
describe a fairly large number of specific
items of equipment and systems. The above quoted paragraph 1 (1) is one
of the subparagraphs. When language is so structured in a rile, the general
language ("all appurtenances", etc.) is given less weight than the specific
language in rendering an interpretation of the rule. Also in the instant
rule, we find that certain "detector devices" are expressly mentioned in
subparagraph (1) and, therefore,
such
devices are specifically designated
Award Number 20325 page 2
Docket Number SG-20201
as signal work. We conclude therefore, that whether a scope violation occurred must be determine
in subparagraph (1).
In 1957, the signal forces installed a dragging equipment detector at Ogden, Utah. This detector
object, causes a train control signal to display a stop signal to the
involved train. This affords opportunity for the train crew to inspect
the train. In contrast, the disputed Dunlap detector, when tripped, transmits a signal over a commun
then notifies the CTC Operator at Missouri Valley. The Operator can display a stop signal to the tra
crew, by radio or phone, of the problem. Since the Dunlap detector produces information which the Di
are the same, the Employees say that there is no si-aificant difference
between the two installations and that both involve detector devices connected to or through signal
recognition of the Ogden detector as signal work must also apply to Dunlap.
We do not concur. Subparagraph (1) of the rule speaks of "All
detector devices connected to or through signal or train control apparatus."
Emphasis ours.) This language c ear y describes something consisting of mechanical and/or electr
people in its operation. We conclude, therefore, that the rule cannot be read
so as to treat the Dispatcher and the CTC Operator as the connection to or
through signal or train control apparatus. We shall deny the claim.
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 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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of July, 1974.