NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23893
(Brotherhood of Railroad Signalmen
PARTIES 1n DISPUTE::
(Fort Worth and Denver Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of Railroad Signalmen
Claim No. 1
On behalf of Messrs. A. Green, G. P. Howard and W. M. Carter,
members of Signal Gang No. 2, for sixteen (16) hours at time and one half
rate because persons not covered by the Signalmen's Agreement installed
appurtenances (railroad crossing signs and track signs) to the crossings
signals on or about October 12, 1979.
(General Chairman file: FWD-79-209. Carrier file: SG-23)
Claim No. 2
On behalf of Messrs. C. W. Willenborg, W. H. Nevile, S. D. Lavender,
H. R. Benthall and D. L. Bottroff, members of Signal Gang No. 3, for sixteen (16)
hours at time and one half :ate because persons not covered by the Signalmen's
Agreement installed appurtenances (railroad crossing signs and track sins) to
the crossings signals on or about October 15, 1979.
(General Chairman file: FWD-79-213. Carrier file: SG-23)"
OPINION OF BOARD: This case is the consolidation of two claims brought by
the Organization on behalf of eight claimants who are
members of two signal gangs at Wichita Falls and Fort Worth, Teams. The
Organization charges the Carrier with violating the Scope Rule (Rule 1) when
persons not covered by the applicable agreement installed railroad crossing
and track signs at highway grade crossings along the Carrier's line. According
to the Organization, the signs are appurtenances to highway railroad grade
crossing protection systems and, therefore, under Rule 1, the installation of
the signs is specifically reserved to the Signalmen. The Organization requests
this Board to award the claimants wages lost for being deprived of the work on
two days in October, 1979.
The Carrier raises three defenses. First, the Carrier claims the
disputed work was not performed at its instigation, not under its control and
not primarily for its benefit. The Carrier contends the State of Terns contracted to have the work p
Award Number
23481
page
2
Docket Number
SG-23893
Carrier argues that passive traffic signs can hardly be considered integral
to the Carrier's highway grade crossing protection system so such signs are
not appurtenant to the signal system. lastly, the Carrier asserts that since
the Scope Rule does not refer to passive traffic signs, the Organization must
demonstrate (and it has failed to do so) that the disputed work has historically
and traditionally been performed by signal employes on a systemwide basis.
The signs in dispute are designed to warn and inform oncoming
motorists concerning the number of tracks at a railroad crossing or to indicate to the motorist that
these particular signs are appurtenances to highway railroad grade crossing
protection systems within the meaning of subparts (A) and (C) of Rule 1.
The Organisation refers us to Award No.
3,
Case No.
8
of Public
Law Hoard
2732
(Lieberman) where the Hoard did not specifically rule that such
signs are appurtenances but found that signal employes had exclusively installed
the signs for more than thirty years. Thus, the Public Law Hoard sustained the
claim but only because the parties by their past practice (on that property)
construed the installation of the signs to be within the scope of work reserved
to the signal employes* In this case, we have diligently searched the record
and we find no evidence presented by the Organization which shows that signal
employes have traditionally and historically performed the disputed work on
this property. Thus, Award No.
3
of Public Law Hoard No.
2732
provides us
with little guidance in deciding this case.
To demonstrate that the signs are appurtenances specifically covered
by Rule 1, the Organization must prove that the signs are an integral part of
or essential to the Carrier's highway grade crossing protection system, Third
Division Awards No.
11973
(Kane); No.
13857
(Mesi; No.
19251
(Devine) and
No. 22705
(Kosher). We rule that the Organization has not met its burden of
proof in this case. The signs which are mostly informational in nature are
not substantially related to the highway protection system or to the approach
or presence of a train. Thus, the disputed work was not exclusively reserved
to the signal employes on this property.
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 Fhi:ployes involved in this dispute
are respectively Carrier and Fhployes within the meaning of the Railway
Labor Act, as approved June
21, 1934;
t
Avard Number 23481 page 3
Docket Number 30-23893
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; nod
That the Agreement vas not violated.
A li A R D
Claims denied.
NATIONAL RAILROAD AWHOAnp
BY Dyer of Third Division
ATTEST:
Executive Secretary
Dated at ChicngoLq Illinois, this 8th day of January 1982.