NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22860
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company, et al.:
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."
(General Chairman file: SR-13. Carrier file: SG-301/
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,
Award Number 22950 Page 2
Docket Number SG-22860
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
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 15th day of August 1980.