RATIONAL RAILROAD ADJUSTKKNT BOARD
THIRD DIVISION Docket Number SG-23061
George S. Roukis, Referee
Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE*
Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: "Claim of the General Committee of the
Brotherhood of Railroad Signalmen on
the Southern Pacific Transportation Company (Pacific Lines):
(a) The Southern Pacific Transportation Company (Pacific Lines)
violated the agreement effective October 1, 1973, between the company and
the employee of the Signal Department represented by the Brotherhood of
Railroad Signalmen and particularly Rules 5(a), 19 and 72.
(b) Mr. T. W. Fogarty, Signal Maintainer Springfield, Oregon,
be allowed payment at his overtime rate for four
(4i
hours on August 25,
1978." (Carrier file: SIG 152-378)
OPINION O' BOARD: The basic facts in this case are undisputed. Claimant,
who is a Signal Maintainer, contends that Cb,rrier violated
the current Signalman's Agreement, as amended, particularly Rules 5(a) and
19., when it used a Special Signal Technician on August 25,
1978
to pick up
and transport a gate mechanism from the Springfield tool house to Klamath
Falls, Oregon. The equipment was then driven by a Lead Signalman to Mt#
Shasta, California, a distance of approximately 90 miles, where it was
used to repair the flailed crossing gate mechanism at Ream Avenue. Claim
ant argues that since Carrier used other than signal forces to load and
unload signal material that was being distributed between signal maint
ainers stations, the work belonged to signal maintainers. Moreover, he
asserts that the last paragraph of Rule 5(a) precludes the use of Special
Signal Technicians to relieve or deprive signal maintainers of calls in
connection with the duties they now perform. He adduced numerous Third
Division decisions, including Awards 5046 and
17248
to support his posi
tion.
(terrier, contends that no Agreement rule or other
authority has been cited which prohibits the assignment of work in the
manner contests and unless such restriction has been identified, the
assignment of work is an inherent managerial right. It argues that
Award Number 23181 page
2
Docket Number
3G-23o61
the work performed was never consideered as maintenance duties, thus
making it unlikely that a signal maintainer would be called to perform
this work. It cited numerous adjudicative authorities, including
Third Division Awards
13,747
and
20799-
In our review of this case, we find Carrier's arguments the
most persuasive. Careful analysis of the decisional law referenced in
the submissions, reveals that Third Division Awards
13347
and
20799
are more firmly on point with the fact specifics herein. Admittedly,
Third Division Award 5046 conceptually parallels, at least the disputed work performed by the specia
further developed by Third Division Award
13347.
In the latter Award,
we held in pertinent part that:
"No Awards have been found. that support the
proposition that the movement of material
from a warehouse oar material yard to a
signal construction, is the exclusive
work of signalmen though such work might
be the signalmsn's in a given case. The
Awards do not support the rule, that the
purpose for which the trucking will be
done, as determinative of whether or
not the work belongs to the signalmen,
though such may be probative."
This Award clarifies and redefines Award
5046
as for the issue before
us.
In Third Division Award
20799,
involving the parties at bar,
we held on a similar set of facts that the work of loading, hauling and
unloading of an electric switch lock from the shop to an emergency
repair shop was not maintenance work. We do not find that the work
performed. by the Special Signal Technician belonged to the Signal
Maintainers. It did not accrue to them either by virtue of specific
Agreement language or demonstrable past practice. In fact, common
carriers are also used to transport materials. Upon the record and
far the foregoing reasons we are constrained to deny the claims.
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;
Award Number
23181
page
3
Docloet Ntssber
SO-23061
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the moaning of the Railway
Iabor Act, as approved June 21j,
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 RAMROAD ADJUSBOAM
By Order of Third Division
ATTEST:
g9ke
aa/g!!!!=
Executive Secretary
Dated at Chicago., Illinois,, this 18th day of Febrmry 1981.