NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
SG-20591
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago, Rock Island and Pacific Railroad Compop
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.
fEarrier's File:
L-130-507J
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:
"Following our discussion of this case, it was
understood that you were withdrawing the instant
claim from further prosecution, with the understanding that the Carrier would issue instructions to
effect that Supervisory Personnel would not be used
to transport cross arms or other heavy material, such
understanding being in accordance with the principles
contained in the 'Opinion of the Hoard' of Award
5046
of the Third Division of the National Railroad Adjustment Hoard."
Award
5046
states, in pertinent part:
x:
,~,.;i
Award Number 20709 Page 2
Docket Number
SG-20591
"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.