NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20743
Irvin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(George P. Baker, Robert W. Blanchette, and Richard
( C. Bond, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Penn Central Transportation Company
(former New York Central Railroad Company-Lines West of Buffalo):
On behalf of Signal Maintainer V. E. Knop for 3.3 hours pay at the
overtime rate because on December 22, 1972, a Signal Inspector replaced burned
out-flasher bulbs at Broadway Street, Urbana, Illinois. /Case No. B.R.S. -
W25/
OPINION OF BOARD: On December 22, 1972, a Signal Inspector, while making a
routine inspection, noted that bulbs were out in the Flasher
Signal Unit at a street crossing at Urbana, Illinois. He replaced two bulbs in
the unit, thus triggering this dispute. Claimant was assigned as a Signal Main
tainer in a section which included Urbana.
We have previously considered disputes involving the Scope Rule of
this Agreement (Awards 17706, 20242 and 20248) and have held that it is general
in nature and does not per se exclusively reserve the work described to employes
covered by the Agreement. It is noted that Carrier also has an Agreement with
this Organization covering the Signal Inspectors. The Carrier states that by
custom and practice Signal Inspectors comdonly perform such work as changing
bulbs as incidental to their primary responsibility of testing and inspecting.
In this instance, Carrier claims that the-Inspector used good judgment in correcting a condition whi
Petitioner has made no showing, in the course of this dispute, that
the work in question has been performed by craft employes to the exclusion
of inspectors. For the reasons expresged fully in Awards 17706 and 20242
and since the burden of proof has not been met, the Claim must be denied.
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;
Award Number 21013 Page 2
Docket Number SG-20743
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:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1976.