NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20748

THIRD DIVISION Docket Number SG-20706

Francis X. Quinn, Referee

(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company

STATEMENT OF CLAIM: Claim of the Brotherhood of Railroad Signalmen on the Southern Railway Company et al.:

On behalf of Leading Signalman C. B. Wham, C & S Construction Gang No. 4, Lines East, for a total of 110 hours additional pay at overtime rate for time consumed b used to dig ditch for signal cable in the area of Cleveland, Tenn. during period February 12 to March 1, 1973, account Carrier using outside contractor in violation of the Sc (Carrier's File: SG-41078)

OPINION OF BOARD: 1. Carrier does not deny that the machine work in
volved is signal work, not covered by the exception
in the Scope Rule.

2. The Carrier has contended from the beginning, however, that it did not have available a machine for the ditching work involved, and that it was unable to rent a ditching machine without an operator.

3. The Claimant was instructed to remain with the machine during all the time it was in operation - This is not disputed by the Petitioner, nor is there any showing that he performed other work while the ditching work was being performed.

Therefore we will deny the Claim.

FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:

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

Award Number 20748 Page 2

Docket Number SG-20706

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOAR

By Order of Third Division

ATTEST:

Executive Secretary

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