NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20494
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Long Island Rail Road:
On behalf of Radio Communications Technicians E. Sumski, C.
Latham, J. Varbury, J. Argiro, J. Morris, R. Eckardt, and R. Barreiro for
eight hours pro rata pay each account radio equipment sent to the General
Electric Company during the month of April 1972 to have work performed
thereon.
OPINION OF BOARD: This claim is based on an alleged violation of the
Scope rule contained in the Agreement between the
parties. Specifically it claimed that a violation arose when the Carrier
sent certain radio equipment to the General Electric Company to have work
performed thereon.
The Carrier contends that it merely loaned five radio sets to
General Electric so it could examine and analyze same to determine what
modifications would be necessary to improve the radio equipment. It is
further contended as a part of the engineering check out the equipment was
modified in the improved manner as per the proposal of General Electric to
upgrade the radio system. The five sets were then returned to the Carrier
and are used for spare parts.
The facts in this case are in dispute. The record herein fails
to develop the facts sufficiently so that a definitive finding based on
the Scope rule is possible.
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
a
Award Number 20729 page 2
Docket Number SG-20494
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.