NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20601
Irwin M. Lieberman, 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:
SG-2-73 - Claim on behalf of Communication Technician J. Morris:
On August 3rd, 1972, Mr. R. E. Bellis, Passenger Trainmaster, removed a 6 amp. fuse from his mobile
a blown fuse in Mr. L. Hommedieu Unit #46 Radio in order to repair same.
Mr. Bellis then proceeded to install a 7~ amp. fuse in his own radio.
This is a violation of the Signalmen's agreement, particularly
the Scope rule, as radio repair is a Communication Technician's work.
As compensation for the action taken by Mr. Bellis, Comm. Tech.
J. Morris claims four (4) hours pay at the straight time rate.
It should also be noted that by overfusing the radio, Mr. Bellis
caused a hazardous condition to exist which could have resulted in serious
damage to the equipment (railroad property). (Carrier file: SG-2-73)
OPINION OF BOARD: This dispute arose over an incident on August 3, 1972.
On that date a Passenger Trainmaster removed a 6 amp.
fuse from his mobile radio and exchanged it with a defective fuse in mobile
Radio Unit No. 46. Subsequently the Trainmaster placed a 7k amp. fuse on
his own radio unit. Claimant is a Communications Technician classified by
Rule 3 of the applicable Agreement.
The Organization argues that the Scope Rule of the Agreement re
serves to
employes covered by the Agreement the maintenance of communication
systems and "...all other work in connection with installation and maintenance thereof that has been
signal work
...."
Petitioner contends that the work in question, changing
fuses on radios, has been generally recognized as signal work.
Carrier's principle argument is that changing a fuse is part of
the operation function of a radio operator, not radio repair work, and is
therefore not covered by the Scope Rule. In view of this position taken by
Carrier, Petitioner has the burden of establishing that changing radio fuses
has generally been recognized as signalmen's work. The requisite burden of
proof has not been met by Petitioner and hence the Claim must be denied.
_ ·I
Award Number 20739 Page 2
Docket Number SG-20601
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: li~GV
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Dated at Chicago, Illinois, this 30th day of May 1975.