(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEN OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Chicago, Rock Island and Pacific Railroad Company:

On behalf of Signal Maintainer T. L. Richards for eight (8) hours pay at his overtime rate account General Roadmaster transporting two (2) insulated joints from McFarland to Maple Hill, Kansas on August 25, 1972.


OPINION OF : On August 25, 1972, a General Roadmaster transported
two (2) insulated joints, which were installed by
track forces. Claimant asserts that signal maintainers are responsible
for ordering insulated ,joints and arranging for replacement and main
tenance at proper time, and that the Roadmaster's action constituted a
violation of the Scope Rule.

We have fully reviewed the record concerning the Organisation's contention that Carrier did not comply with Rule 69 concerning final denial of the claim on the property, but we are not able to agree that the Carrier was in violation of the Rule.

Claimant has emphasized a November 20, 1961 letter of understanding and has made repeated reference to Third Division Award 5046. The letter states:



Award 5046 states, in pertinent part:

x: ,~,.;i



        "The material being moved was being distributed between Signal Maintainers' stations. It was not being hauled insofar as the record shows in connection with its actual use in signal construction or maintenance work. Under the previous awards of this Division, the work in question was not the exclusive work of signalmen. Until it becomes an integral part of a sig construction or maintenance job, the signalmen have no exclusive right to its handling. Consequently, work in connection with the moving of materials to be used by signalmen at some future time is not exclusively signalmen's work. Hat work in connection with the movement of such materials from a warehouse or mat yard to a signal construction or maintenance job for immediate use on such job, is the exclusive work of signalmen. Awards 3826, 3689, 4797, 4978."


As we read Award 5046, it refers to transportation of material in signal construction or maintenance work. To be sure, Signal Maintainers have certain responsibilities concerning insulated joints. Hut, track forces perform the installation. Thus, we cannot conclude that the material was being hauled in connection with, or as an integral part of, immediate use on construction or maintenance work by signal forces. Inasmuch as the 1961 agreement makes specific reference to the principles of the cited Award, we find no violation.

It is suggested that the Organization enjoys exclusive rights concerning ordering, delivering, hauling, etc*, of iaeulated joints on this property. The Scope Rule is not specific in that regard, and Carrier denies the allegation. We are not able to find that the Organization has demonstrated, by th exclusive rights to transporting the material in question. We will dismiss the claim.

        FINDING-S: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearin3;


That the Carrier and the Emplcres involved in this dispute are respectively Carrier and Employee w~'Lhin the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        The claim is dismissed.

                  Award Humber 20709 Page 3

                  Docket Humber SG-20591

                  A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMW HOARD

                          By Order of Third Division


ATTEST: dd ILE-,
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of April 1975.