NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20040
Frederick R. Blackwell, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Baltimore and Ohio
Railroad Company:
(a) That the Carrier violated the Signalmen's Agreement,
particularly the Scope, when it instructed Maintenance of Way welders
to remove rail bonds before welding rail together.
(b) That each of the following Signal Maintainers now be
allowed two hours and forty minutes at time and one-half rate of pay
for each day commencing May 10, 1971, and to continue as long as this
violation exists;
C. W. Franklin ID 1-672074
W. L. Woolf ID 1-672068
R. A. Free ID 1-672054
/Carrier's File: 2-SG-52/
OPINION OF BOARD: The issue in this dispute is whether the Scope of
the Signalmen's Agreement was violated by the re
moval of bond wires from rails by employees of the Maintenance of
Way Department. The pertinent part of the Scope provisions refers
to the "work of
...
installation, inspecting, testing, maintenance,
repair
...
of:
...
(i) Bonding of all track except in electrical
propulsion territory."
The Signalmen say that the removal of the bond wires is
within their Scope by reason of its specific coverage of bonding of
all track except in electrical propulsion territory. Contrarily,
the Carrier says the Signalmen's Scope is inapplicable because the
bond wires were removed and scrapped in a situation which completely
eliminated the need for bonding.
The dispute arose in connection with a two-step changeover to continuous welded rail. Long sections
Award Number 20536 Page 2
Docket "lumber SG-20040
first installed; the rail ends were joined by angle bars, and Signalmen
installed signal bonds to these joints. The second step involved welding the joints with the Boutet
to hold the rail ends together during the welding process, and in order
for the form to function properly, the angle bars and bond wires must
be removed. Traclenen removed the angle bars and knocked off the bond
wires with hammmers. The angle bars and bond wires were collected and
put into the scrap pile. After the change-over to continuous welded
rail was completed, the welded rail provided an adequate signal circuit and thus it was not necessar
in the signal system.
The Signal-men call attention to several Awards which have
sustained claims involving the cutting or breaking of bond wires by
employees outside their Agreement. Award N~s.
3688, 6584, 8069, 13607,
and
18999.
We do not question the results in these Awards, but we
note that they quite clearly dealt with situations where track bond or
bond wire was to remain in use as part of the signal system. Stated
differently, all of these Awards ruled on the Signal-men's Scope rule
with regard to the conditions which exist when continuous welded rail
is not involved. In such conditions, the breaking of a bond wire must
sooner or later be followed by its repair or replacement. Here the
facts are completely different; the bond wire was knocked off and
scrapped in the process of changing over to welded rail which eliminated the use of bond wire in the
to be repaired or replaced. We conclude therefore that "Bondin;;",
as such term is used in the Signalmen's Scope, did not occur in this
case, and accordingly, 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 Emplo
the Railway Labor Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
The Agreement was not violated.
J
Award Number 20536 pa-e 3
Docket Number SG-20040
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:.
141.
Dated at Chicago, Illinois, this 13th day of December 1974.
::5:
I