NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24377
William G. Caples, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(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 Mr. M. J. Haug for nine hours at the signal foreman's rate
of pay ($10.97 per hour), Messrs. R. W. Minter and D. Sauve for nine hours each
at the leading signalman's rate of pay $10.50 per hour), and Mr. J. Fresh for nine
hours at $10.36 per hour, account on August 6, 7, & 8, 1980, communications
employees worked on equipment that is related to the Centralized Traffic Control
(CTC) signal system that runs from Shoreham to Buffalo, Minnesota." (Carrier
file: 900-46-B-124)
OPINION OF BOARD: Claimants are signal employes who claim pay for work performed
by communications workers for which they were available.
The Claimants did not cite any rule which substantiates their claims. The Carrier
denied the claim on the basis that the work performed is not specifically mentioned
in the Scope Rule, and is not reserved exclusively to signalmen.
The Board in the view of that, in order to prevail under the Scope Rule
at issue, the employes have a burden of showing that they have acquired the
exclusive right to perform the work. We are -able to conclude that the employes
have made such a showing on the record.
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 J-a 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.
Award Number 24289 Page 2
Docket Number SG-24377
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
B~
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April 1983.
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