NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Docket Number 9G-23443
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Texas and Louisiana Lines)
STATEMENT OF CLAI<d: "Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Southern Pacific Transportation Company
(Tea and Louisiana Lines):
(s) The Southern Pacific Transportation Company (Terms and Louisiana
Lines) has violated the Agreement effective September 30, 1969, between the
company and the employee of the Signal Department represented by the Brotherhood
of Railroad Signalmnn a ad particularly the Scope Rule.
(b) That Signal Maintainer C. D. Plummet be alloyed additional
compensation at his straight time rate for seven (7) hours on June 13, 1979."
OPINION OF
BOARD:
The Claimant is a Signal Maintainer. On June 13, 1979 a
track gang roved and replaced a main track switch frog,
and removed and replaced main line rail. During the course of that work, certain
signal bond wires which provide electrical continuity from rail to rail for the
control of signals were removed by the track forces. The Employes assert that
the royal of said bond wire is work which is covered by the scope of the agree
ment and, accordingly, the agreement was violated.
While the matter was under review on the property, the Carrier conceded
that when the track forces removed the rails, the bond wires were also removed,
but it points out that the Carrier has never, either by agreement or past practice,
been required to have Signalmen remove bogy wire prior to the removal of rails
when tracks were repaired. Further, the Carrier asserts teat "as is the past",
a Signalman was called to install bond wires and place the signal back in order.
The Carrier points out that the Scope Rule does not make specific
reference to the removal of bond wires as being reserved exclusively to these
employee, and it denies that said work would be included is the phrase "and all
other work generally recognized as sisal work performed is the field or signal
shops."
As we review the record, the work in question does net appear to be
work which required any particular type of skill, but was merely removing wires
which were of no further use and which had to be broken off of the rails. When
skilled work was required, the employee covered by the agreement were utilized.
Award Number
23387
Page
2
Docket Number
SG-23443
It is rather apparent from a review of the record that removal of
bond wires has been the subject o! conflicting awards over the years, and it
appears rather obvious that there is no industry-wide practice to support
the Organization's contention that the work is "generally recognized as
signal work."
On more than one occasion while the matter wen under review on the
property, the (terrier asserted that in the peat the Carrier hoe not used
Signalmen to perform the work of removing the bond wire. We find no evidence
presented to dispute that assertion, and consequently, we find that there is
no showing of "exclusivity", nor is there a showing that the work in question
is generally recognized in the industry as belonging to this class of employee.
Accordingly, we x111 dewy the claim.
FILINGS: 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 (wrier 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; sad
That the Agreement was not violated.
Claim denied.
NATIONAL RAILROAD AWTJS2MT BOARD
By Order of Third Division
ATTEST:
cutive Secretary
Dated at Chicago, Illinois, this 15th day of September
1981.