NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20264
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:(
(Louisville and Nashville Railroad Company
STATEMENT
OF
CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville and Nashville
(a) Carrier violated the Signalmen's Agreement, particularly
the Scope, when, on various dates September 7 to October 8, 1971, other
than signal forces (track forces) performed signal work of removing signal
bond wires from rails, dismantling a pipe connected derail and installing
track circuit insulated joints, all in connection with the welded rail
program on the St. Louis Sub-Division near Mile Posts 446 and 449.
(b) Carrier now pay to Signal Maintainer C. W. Stephens, headquartered at Ashley, Illinois, 116
OPINION
OF
BOARD: During September and October 1971 Carrier was engaged
in a welded rail program on its St. Louis Sub-Division.
The dispute herein involves the allegation that the Agreement was violated
because track forces performed work belonging to Signalmen in connection
with this project. *The essential facts are not in dispute.
The claim involves numerous instances of work allegedly improperly performed by track forces tot
"...the Rail Welder cut bond wires at Mile Post 443
and Okawville, Illinois..."
"...the work of dismantling the pipe connected derail..."
"...installing the seven joints to replace 'C' clamps
not bonded at Mile Post 446..."
"...the installing of insulated joints at Mile Post
447 and Signal 4491 by track forces."
The issues in this dispute are not new-having been the subject
of a number of prior awards, some of which involved the same parties. The
rules and the record of this dispute support the position of Petitioner with
respect to the work described above; the work is clearly signalmen's work
(see Awards 8069, 9614 and 13607). This portion of the Claim is sustained.
i
Award Number 20555 Page 2
Docket Number SG-20264
A significant portion of the Claim alleges a violation of
the Agreement because Maintenance of Way employees removed bond wires from
the rail after the rail had been removed from the track. The record indicates that all work in conne
track was performed by signal forces. When the old rails were removed from
the track, they were no longer in any manner a part of the signal system;
the removal of bond wires from this rail could have no effect on the track
circuit. In denying a virtually identical Claim in Award 12329, the Board
said:
"In the instant claim, Signalmen were present and did
open the circuit and took the signal circuits out of
service before trackmen broke the rails. The breaking
of the bonds by the trackmen did not affect the signal
system. It was a salvaging operation."
Based on the reasoning expressed above and the conclusion that the work in
question was not covered by the scope Rule, this portion of the claim must
be denied.
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 violated to,the extent shown in the
Opinion.
A W A R D
Claim sustained in part and denied in part in accordance
with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~'W
Dated at Chicago, Illinois, this 13th day of December 1974.