NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-20626
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Baltimore and Ohio
Railroad Company that:
(a) Carrier violated the current Signalmen's Agreement, as
amended, particularly the Scope, when it permitted the employes of the
Conant and Vogt Construction Company, Cleveland, Ohio to remove bonds
on No. 1 track on Bridge No. 167.92 at Johasonburg, Pa., on July 19,
1972.
(b) Carrier should now be required to compensate Signal Maintainer D. E. Matson eight hours at s
File: 2-SG-6)
OPINION OF HOARD: The essential facts out of which this dispute arose
are not in dispute. Carrier contracted with Conant
& Vogt Construction Company to perform certain heavy steel and timber
repair work on its Bridge No. 167.92 located at Johnsonburg, Pennsylvania.
In order to accomplish this repair work it was necessary to remove the
No. 1 Mainline Track from the bridge. The outside contractor's forces
removed the rail and ties of No. 1 Track on July 19, 1972 and ,'in the
process, broke, knocked off or otherwise removed some 26 bond wires.
The breaking of the bonds triggered the track Circuit which indicated an
unsafe track condition, albeit Carrier had, by Train Order No. 219, taken
Track No. 1 out of service from July 17 to 20, 1972. The record shows
that in removing the bonds, the outside forces broke and in some cases
knocked off the bonds. These bonds were scrapped. After the construction
work was completed the rails were relaid and Carrier's Signal forces were
used to install necessary bonds when the rail was relaid.
Carrier contends at the outset that because the Train Order 219
took Track No. 1 out of service on claim date it cannot be considered part
of the "signal system" and therefore is not covered by the Scope Rule.
We do not find this semantic argument persuasive in light of the fact that
the signal system was in fact activated by the breaking of the bonds on
July 19, 1972. Carrier argues further that the work of permanently removing bond wires from scrapped
to Signal forces, citing as authority inter alia Award 20536 involving
these same parties. We do not quarrel with the result in that Award nor
Award Number 20872 Page 2
Docket Number SG-20626
with other authority cited by Carrier to support its preposition that
Signal forces do not have exclusive claim to removing bonding material
from rail that has been scrapped or abandoned. See, e.g., Awards 12800
and 19127. But in our considered judgment Carrier's reliance thereon is
misplaced and begs the question before us here. Indeed, Award No. 20536
is largely premised on the fact that the breaking of the bond wire was
not followed by its repair or replacement. The instant case is directly
inapposite in that here the bond wire was repaired and/or replaced.
Additionally, we find persuasive the plethora of awards cited
by Petitioner for the principle that where the breaking of a track bond
by other than Signal forces "had the effect of opening the circuit," then
there was a violation of the Scope Agreement. See Awards 8069, 9614,
12329, 13607, 17359, 20526 and 20555. In the instant case the breaking
of the bonds by Conant & Vogt employees on July 19, 1972 had the effect of
opening the circuit. We are persuaded that a violation of the Scope Rule
occurred.
The instant claim seeks eight (8) hours pay at the overtime rate
for Signal Maintainer D. E. Matson in whose assigned territory Bridge
No. 167.92 is located. Upon our review of the record we find no basis for
the eight (8) hour claim and no indication of how much time was spent by
the outside forces in doing the bond breaking work. Accordingly, we shall
sustain the claim only to the extent of a minimum call of two hours and 40
minutes at the overtime rate pursuant to Rule 14 (b) of the controlling
Agreement.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds: p
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 violated.
I
Award Number 20872 page
3
Docket Number SG-20626
A W A R D
Claim sustained to the extent indicated in the opinion.
NATIONAL RAILROAD ADJUSTMW BOARD
By Order of Third Division
ATTEST:-
Executive Secretary
Dated at Chicago, Illinois, this 26th day of November 1975.