NATIONAL RAILROAD AWUS24ENT BOARD
TE DIVISION Docket Number SG-23240
Joseph A. Sickles, Referee
Brotherhood of Railroad Signalmen
PARTIES TO DDn" M
- (The Atchison., Topeka and Santa Fe Railway Oompnay
STAT~''NT Of CLAIi: "Claim of the Genera1,Oammittee of the Brotherhood of
Railroad Sigmslman on The Atchison, Topeka and Santa Fe
Railway company:
(a) The Carrier violated the current Signalmen's Agreement,
particularly the Scope, Vhen on Friday, October 6, 1978, it allowed Mr.
B. B. Gsddis, Assistant Signal Mngiaeer, to perform recognized signal work
when he worked on and repaired a hot box recorder throughout the day.
(b) The Carrier should pay to L. R. Lopez, additional time
of eight hours for the work performed by this official on this date:"
(General Chairman file: 1-243. Carrier file: 14-1940-220-33)
OPINION GHQ' BOARD: The Organization asserts that on October 6, 1978, a Carrier
Official performed work on a "hot box detector" in violation
of the Scope Rule of the agreement, which makes specific reference to work on
hot box detectors connected to, or through, signal systems.
Although the Employee concede that a Supervisor may perform certain
testing and inspection functions on a signal system, they may do so only to
the extent to determine whether or not bargaining unit employes are properly
performing thbir work. The Employes insist that the work in question did not
fall into that permitted category and was therefore improper.
On the property, the Carrier referred to certain work having been
performed on new hot box recorder equipment, however it insists that the
Supervisor merely "wished to learn all that he could about its design and
function so that he could better guide and instruct the employees."
This was disputed by the Local Chairman, who stated that he
personally observed the Supervisor working on the recording instrument on
the day of the claim, and that he was removing and replacing integrated circuit
chips, etc*, in order to effect a unit modification.
Award Number 2324T Page 2
Docket Number SG-23240
As we have observed
is
prior Awards., we do not, in any manner,
suggest that it is improper or a violation for a Supervisor to educate
employes and to teach. However, we are of the view that the facts, as
established while the matter was under review on the property,, demonstrate
that this Supersisor performed certain repair work and we are inclined to
find a violation of the Scope Rule. Howeverj, we do not find any indication
that the Supervisor devoted more than 3 hours of time to the repair work on
the day in question., and we will, accordingly sustain the claim only to
the extent of awarding an additional three (3j hours to the Claimant.
FILINGS: The Third Division of the Adjustment Board, upon the whole
record sad 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 ActLq as approved June 21., 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAtl.RDAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (/Vi C 'I ~i%
Executive Secretary
Dated at Chicago, Illinois this 31st day of March 198'1.
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