NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-23916
Josef P. Sireflasa, Referee
(Brotherhood of Railroad Signalmen
PARTIES 70 DISft=:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Soo Line Railroad Company:
On behalf of Signal Maintainer L. D. Suhsea for eight hours' pay
account communication workers installed a hot bas detector on or about
July 9, 1979Wd two hours' pay each week thereafter account communication
corkers assigned to maintain this equipment."
OPINION OF
HOARD: On or about July 9, 1980, two lights were installed on the
"hot box" detector house at Buffalo, Minnesota. The purpose
of these lights was to advise an approaching train crew if the facility was
"turned on", and if so, if any overheated wheel bearings, etc,,, were detected.
The petitioner contends that these lights constitute a signal device
under the terms of his agreement with the (terrier, especially inasmuch as
there was a connection to the centralized traffic control code line. The Carrier contends that there
thereon to its communications workers, represented by the LH.E.W. The Carrier
also contends that the LB.E.W. is an interested party in this dispute and requests that we give noti
The electricians' representative asserts that electricians have performed the work here is dispute s
thereof. As we view that exhibit, it refers to the "hot box" detector rather
than the lights which are is dispute here, and since the electricians' submission
is devoid of nay evidence of past performance of this work and there being no
reference thereto is the quoted classification rule, we must dismiss the electricians
claim to this work.
The Carrier has shown that the Scope Rule of the petitioner's agreement
does not specifically name the facility here in dispute; it further shows that the
petitioner has not heretofore performed any like work. Under an agreement such $s
that here preset, in order to prevail the petitioner must demonstrate that the
work sought was conveyed-to the covered employee
by
that agreement,; one way of
shoring that is by past practice, another is by the unambiguous language of the
agreement. The present petitioner refers to the Scope Role of the parties' agreement and to definiti
We are also directed to certain awards of this Board. We are impressed by these
citations, but none of them is sufficient to establish that it was the intent of
the present parties to reserve this work to these employee. Therefore the Hoard
denies the Claim.
Award Number 24016
Docket Number SG-23916
FINDINGS: The Third Division of the Adjustment Board, after giving the
_-...-..:es.to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the messing of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board hoe jurisdiction
over the dispute involved herein; sad
Page 2
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
By
SLJ
osemarie Breach - stra ive ssis e~
Dated at Chicago, Illinois, this 20th day of October 1982.
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