(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of


In behalf of Signal Maintainers assigned to Brosman Retarder Yard, Macon, Georgia, for all hours worked by communication employees working on the retarder system. Claim is to be retroactive sixty days from date of claim and is to continue until this work of maintaining the radar units is returned to signal employees. Claim is to be no less than eight (8) hours per week and is to be divided equally among Signal Maintainers J. F. Shankles, D. E. Roquemore and D. E. Rumph."



OPINION OF BOARD: The Employes assert a Scope Clause violation because
Carrier permitted communication employes to perform certain car retarder system work. The work related to radar units which detect freight car speeds.

The Carrier has resisted the claim on a number of grounds, and it points out that the Scope Rule in question does not specifically refer to radar devices. Thus, it asserts that Awards dealing with manually operated systems are not pertinent to this dispute. Moreover, it points out that the Employes sought, unsuccessfully, to gain coverage of this very type of work by means of a "Section 6" Railway Labor Act notification.

The Carrier insists that a former Organization General Chairman concurred, in 1973, that the work in question was not covered by the Signalmen's Agreement and in reply to his letter, Carrier pointed out that adjustment and maintenance of the radar equipment required a second class radioman's license.

We have considered the various assertions dealing with the former General Chairman's letter, as stressed by both parties. But, regardless of inuendo and implications, the document does seem to deny the basis for the instant claim. Based upon this record, 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 imrolved 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





        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 15th day of August 1980.