NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20265
Dana E. Eischen, Referee
i
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Pacific Transportation Company that:
(a) The Southern Pacific Transportation Company violated the
Agreement between the company and the employes of the Signal Department
represented by the Brotherhood of Railroad Signalmen effective April 1,
1947 (reprinted April 1, 1958 including revisions), particularly the
Scope Rule and Rule 70.
_(b) Claimant /Signalman D. Bohling, System Signal Shop,
Sacramento/ be compensated in the amount of two and one-half (2 1/2)
hours at Assistant Signal Supervisor's rate of pay for each of the fol
lowing violations of the Scope Rule: February 9, 1972, February 10, 1972
and February 11, 1972. _ _
/Carrier's File: SIG 152-297/
OPINION OF BOARD: The facts out of which the instant claim arose are
not in dispute. On the claim dates here involved,
February 9, 10, and 11, 1972 Carrier's Assistant Superintendent moved
some materials from his company owned truck into the System Signal Shop
at Sacramento, California.
Subsequently on February 16, 1972 claimant herein filed this
claim alleging violations of the Agreement between Carrier and the employes of the Signal Department
that Carrier violated the Scope Rule and Rule 70, reading as follows;
"SCOPE
"(a) This agreement shall apply to work or service
performed by the employes specified herein in the Signal
Department, and governs the rates of pay, hours of service
and working conditions of all employes covered by
Article 1, engaged in the construction, reconstruction,
installation, maintenance, testing, inspecting and repair
of wayside signals, pole line signal circuits and their
appurtenances, interlocking, spring switch locking
`;fit.
Award Number 20463 Page 2
Docket Number SG-20265
"devices, highway crossing protection devices and their
appurtenances, wayside train stop and train control
equipment, detector devices connected with signal systems,
including centralized traffic control systems, car
retarder systems and hot box detectors and car counting
devices when used in connection therewith, dragging equipment detector devices, electric switch lamp
other work generally recognized as signal work performed
in the field or signal shops.
"(b) When signal circuits are handled on radio,
radar or microwave systems, the employes covered by
this agreement shall install and maintain the signal
circuits leading up to a common terminal where signal
circuits are interconnected with other circuits and
will take off at a common terminal where Signal Department circuits are again separated from other c
"(c) It is understood the following classifications
shall include the employes performing the work enumerated
under the heading of 'Scope."'
"Rule 70. LOSS OF EARNINGS. An employe covered by
this agrement who suffers loss of earnings because of
violation or misapplication of any portion of this agreement shall be reimbursed for such loss."
We have analyzed carefully the Agreement language and the
record herein. From the record before us we cannot determine that
the work in dispute was a part of any of the phases of signal work
embraced by the Scope Rule. Accordingly, we must dismiss 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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the claim should be dismissed.
Award Number 20463 Page 3
Docket Number SG-20265
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 25th day of October 1974.