NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22285
(Brotherhood of Railroad Signalman
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
( (Formerly The Texas and Pacific Railway Company)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Texas & Pacific
Railway Company:
On behalf of Signal Maintainer P. R. Sumpter, Tower 55, Fort
Worth, Texas, for an additional 8 hours pay at time and one-half his
straight time hourly rate of $6.95 per hour, account being required by
a Carrier officer to use his personal pickup truck to perform non Scope
work, outside working hours, on June 15, 1976." _/Tarrier file: K 315-1267
OPINION OF BOARD: This is a claim requesting an additional eight (8)
hours at the rate of time and one-half because
Claimant was allegedly required to perform work outside the scope of
the agreement. The facts indicate that while Claimant was on duty on
the claim date, Carrier's Superintendent, while passing in a hi-rail
car, saw a piece of scrap wire lying on the ground which Carrier says.
came from signal repairs. The Superintendent threw the scrap wire
into the rear of Claimant's new pick-up truck and instructed him to
remove it from railroad property.
We certainly do not believe that the Superintendent's conduct,
in throwing the wire into Claimant's new truck, is a model for employeremploye relations. In fact, i
his property. Carrier admittedly recognizes that the Superintendent
acted harshly.
Nevertheless, our jurisdiction is confined to the interpretation of existing labor contracts. We
which would provide Claimant the payment herein desired, and we also
conclude that the removal of the scrap wire from the property certainly
could be required of Claimant under these circumstances. The Petitioner
has cited no rule which would exclude work of this nature from the
duties of signalmen. Under these circumstances, Claimant is before the
Award Number 22232
Docket Number SG-22285
Page 2
wrong forum in seeking compensation. If Claimant's vehicle was
damaged by the Superintendent's action, his redress would be with
Carrier's claim department or other judicial forums having jurisdiction
over such matters. We accordingly must dismiss the claim.
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 claim be dismissed.
A W A R D
Claim dismissed.
ATTEST:
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of November
1978.