NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21696
Irwin M. Liebe xman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT
OF CIAIK: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Pacific Trans
portation Company (former Pacific Electric Railway Company):
Claim No. 1.
(a) The Southern Pacific Transportation Company (Pacific
Lines) violated the current agreement between the (former Pacific Electric
Railway Company) and its Employes represented by the Brotherhood of
Railroad Signalmen, effective September 1, 1949 (including revisions)
particularly the Scope Rule and Rule 7 of Article 1, when it allowed a
Southern Pacific Communications crew (consisting of one Foreman and four
men) to perform work on former Pacific Electric property that properly
belongs to former Pacific Electric Signal Employes.
(b) Messers. F. Suddarth, G. Ochoa, A. Keelia, P. Meaders and
R. Jaramillo be allowed eight hours compensation each at their respective
Pro Rata rates for the following dates each, October 24, and 25, 1974.
ffarrier's file: SIG 152-34V
Claim No. 2.
(a) The Southern Pacific Transportation Company (Pacific
Lines) violated the current agreement between the (former Pacific Electric
Railway Company) and its Employes represented by the Brotherhood of
Railroad Signalmen effective September 1, 1949 (including revisions)
particularly the Scope Rule and Rule 7 of Article 1, when it allowed a
Southern Pacific Communications Employe not subject to the Signalmen's
current Agreement to perform work, on former Pacific Electric property,
that belongs to former Pacific Electric Signal Employes.
(b) Mr. G. Ochoa be allowed three hours pay for on or about
December 3, 1974 and also three hours pay for on or about December 4,
1974, at the straight time rate."
/Carrier's file: SIG 152-348/
Award Number 22144 Page 2
Docket Number SG-21696
OPINION OF
BOARD: This dispute involves the former Pacific Electric
Railway Company, which became part of the Southern
Pacific Company (Pacific Lines) on August 13, 1965 through merger.
The work in question, performed by a Communications Crew (represented
by the International Brotherhood of Electrical Workers) of the Southern
Pacific Company, was the installation of a Carrier owned telephone cable
and its hook-up on Pacific Electric property in late 1974. Petitioner
asserts the right to such work by Signal forces on the former Pacific
Electric property. In view of the apparent interest in the outcome of
the dispute by the electricians of the Southern Pacific Company, the
International Brotherhood of Electrical Workers was invited to participate as a third party in this
a statement of position for consideration in the resolution of the
dispute by this Board.
Prior to 1951, Pacific Electric maintained a separate telephone
system on its property under the jurisdiction of the Signal Engineer
and serviced by signal employes coming under the applicable Agreement.
That system was abandoned shortly after April of 1968 and a commercial
(outside) telephone company operated the telephone system on Pacific
Electric property. Since 1963 employes of the Communications Department
(electricians) have assisted the commercial telephone company in the
maintenance of portions of the cable on Pacific Electric property.
On the property of Southern Pacific, the Communications Department
employes have been responsible for maintaining the Carrier-owned
telephone lines and coordinating their work with that of the ca®ereial
company. It must be noted that the record indicates that the work
accomplished in late 1974, subject of this dispute, was not under the
jurisdiction of the Signal Engineer.
Petitioner relies in its claim on the provisions of the Scope
Rule and Rule 7. Those rules provide:
"SCOPE
This Agreement covers the rates of pay, hours of service,
and working conditions of all employes, classified in
Article 1, engaged in the supervision, construction,
installation, repair, reconditioning, inspecting, testing
and maintenance, either in the shop or in the field, of
any and all signal and telephone systems and/or interlocking systems, including all appartus and dev
connection therewith, and such other work as is generally
recognized as signal work."
Award Number 22144 Page 3
Docket Number SG-21696
Article 1 (Rule 7) provides:
"Rule 7. Signalman: An employe assigned to perform
mechanic's work on electrical or mechanical signal or
telephone apparatus under the jurisdiction of the
Signal Engineer."
In addition, Petitioner asserts that the work in question was under
the jurisdiction of the Signal Engineer. However, no factual basis for
this latter assertion appears in the record.
This dispute turns on whether or not the Scope .Rule together
with Rule 7 control who may perform the work in question. An exem-Ina-
tion of the Scope Rule indicates that it is general; furthermore, a
classification rule does not per se constitute a reservation of work
rule. It follows, then, that Petitioner, in order to prevail must
establish a customary and historical exclusive right to the work in
question. No such evidence was presented in the handling of this
dispute. In fact, Carrier alleged that Communication employes have
performed the type of work in ,dispute, rather than Signal Employes
over the last number of years. Since Petitioner has not supported its
Claim by either Rule or practice, 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;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
Award Number 22144 Page 4
Docket Number SG-21696
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 July
1978.