- NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23204
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
STATEMENT OF CIAIM: "Claims of the General Committee of the Brotherhood of
Railroad Signalmen on the Texas and Louisiana Lines of
the Southern Pacific Transportation Company:
Claim No, 1
On behalf of Signalman P. R. Norman and P. L. Shockey for four hours' pay each at
their
respective straight
time rate of pay account Carrier assigned electrical
workers to place a service cable into a signal instrument case at mile post 191.1
on November 1, 1978.
Claim No. 2
On behalf of Signalman E. B. Loden for eight hours' pro rata pay account Carrier
assigned an electrical worker to install a service cable into a signal instrument
case at mile post 379.1 at Del Rio, Texas, on November 17, 1978."
OPINION OF BOARD: This dispute involves two claims which, though handled sep
arately on the property, have been combined here because
they present the same issue. Each of the claims seeks compensation for employes
represented by Signalman because Carrier assigned electrical workers to place a
sarride cable into a signal instrument case. The Organization contends that the
work in question belongs to the Signalmen's craft by virtue of the Scope Rule
in their Agreement with the Carrier.
The Scope Rule reads in pertinent part as follows:
"(a) This agreement shall apply to work or
service performed by the employees specified herein in the Signal Department, and governs the rates
of pay, hours of service and working conditions
of all employees covered by Article 1, engaged in
the construction, installation, maintenance,
testing,
inspection and
repair of wayside signals,
pole line signal circuits and their
appurtenances,
. and all other work generally recognized as
signal work performed in the field or signal shops."
Award Number 23225
Docket Number SG-23204
Page 2
To be sure, "installation
...
of wayside signals, pole line signal
circuits and their appurtenances" is listed among the items of work or service
performed by employee subject to the Signalmen's Agreement. But we do not read
the quoted language as conferring a clear and express reservation of the work
here in dispute to such employee to the exclusion of all others. In such
situations it becomes necessary under established rules followed by this Board
to look at custom, jsiactice and tradition to determine whether such exclusivity
exists.
In the instant case Carrier submitted evidence that electrical workers
had performed the kind of work here in dispute. The International Brotherhood
of Electrical Workers participated as a Third Party and filed a Submission in
which not only was it shown that electrical workers had done such work but the
IBEW agreement was cited as ground for a claim that such work belonged to employes covered by the IB
In these circumstances we hold that Claimants have failed to carry
their burden of establishing a violation here.
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.
A W A R D
Claim denied.
ATTEST:
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Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day of
tech 1981,