NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20414
(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 Nash
ville Railroad Company that:
(a) Carrier violated the Signalmen's Agreement, particularly
the Scope, when, on September 27, 1971, and October 4, 1971, persons
other than signal employes were used at or near Moran, Tenn., and at or
near Holts Corner, Tenn., to install meter bases, conduit and wires used
exclusively for operation of Carrier's signal system.
(b) Carrier should pay to Signal Maintainer C. K. Armstrong
additional compensation equal to twenty-four (24) hours at his overtime
rate. (Carrier's File: G-304-12)
OPINION OF BOARD: On the claim dates Carrier utilized employes in the
positions of Road Electricians to install certain
electrical power feeds (a meter base, conduit and wires) for the use
of commercial electric power. By letter of November 24, 1971 the instant
claim was filed by the Organization in behalf of Claimant C. K. Armstrong
alleging that the installation of power feeds from commercial lines was
vested in the Signalmens Craft by virtue of the Scope Rule of the applic
able agreement.
The claim was processed without resolution on the property and
now comes to us for disposition. Inasmuch as the electricians had an
interest in the outcome the International Brotherhood of Electrical
Workers, representing Carriers' electrical employees was invited to
participate as a third party to this dispute and has presented a statement
of its position on the record for our consideration.
Turning to the merits of the instant claim, we note that the
cited Scope Rule reads in pertinent part as follows:
"BULE 1. SCOPE
This agreement covers the rates of pay, hours of
service and working conditions of all employes, classified herein, engaged in the construction, inst
repair, inspecting, testing and maintenance of all interlocking systems and devices; signals and sig
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Docket Number SG-20414
"wayside devices and equipment for train stop and train
controls; car retarders and car retarder systems; power
operated gage mechanism; automatic or other devices used
for protection of highway crossings; spring switch mechanism; electric switch targets together with
cables; train order signals in signaled territory and
elsewhere within the limits of a signal maintainer's
territory; power or other lines, with poles, fixtures,
conduit systems, transformers, arresters and wires or
cables pertaining to interlocking and signaling systems;
interlocking and signal lighting; storage battery plants
with charging outfits and switch board equipment; substations, current generating and compressed air
exclusively used by the Signal Department, pipe lines and
connections used for Signal Department purposes; carpenter,
concrete and form work in connection with signal and interlocking systems (except that required in b
and signal bridges); together with all appurtenances pertaining to the above named systems and devic
any other work generally recognized as signal work."
While "power or other lines" are listed inter alia among the work performed by employees
there a clear and express reservation of this work to signal employees
to the exclusion of others. Accordingly under well established rules
of construction followed by this Board we must look beyond the Rule to
custom, practice and tradition for the requisite exclusivity. See
Awards 10615, 10931 et al.
Close examination of the record herein shows no exclusive
performance of the work in question by the Signal employees or any other
craft. Indeed, the record shows that over the years such installation
has been performed by signal employees, electrical employees of Carrier,
(sometimes in combination) and by employees of outside contractors. Such
inconsistency hardly meets the requirement of exclusivity which must be
shown in such cases. In these circumstances we have no recourse but to
deny the claim herein.
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 Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
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Docket Number SG-20414
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:
G
~Zecutive Secretary
Dated at Chicago, Illinois, this 31st day of January 1975.