William G. Chples, Referee


(Brotherhood of Railroad Signalmen
 PARTIES 7b DISP=:
 (Southern Railway Company

                STAT94HT OF CLAai:"Class of the General Committee of the Brotherhood of Railroad Signalme


(a) Carrier violated the Signalmen's Agreement, particularly Scope Rule 1, when they instructed or permitted Mr. Fred Wilder to cut out the middle and lover groups of the master retarder when it failed on October 14, 1980 during the third shift.

 (b) Carrier should now be required to compensate Signal Maintainer J. F. Shenkles for a minimum call of two (2) hours and forty (40) minutes overtime he vas denied when M=. Fred Wilder, who is not covered by the Signalmen's Agreement, perfor
OPINION CF BOARD: Claimant is employed as a signal maintainer-at Carrier's
 hump yard located at Macon,, Georgia. Speed of cars
 going down the amp is automatically controlled by retarding devices located
 in the track. At 5:05 A.M. on October 18, 1980 one of the retarders failed
 and a car hung up in the retarder.. blocking the track and preventing con
 tinuation of the yards operations. Dmediately after, the Chief lard Clerk
 turned the "trainmaster valve" which made the retarder inoperable, thus permitting
 the yard's operations, and Claimant was called to repair the retarder. Claim
 ant reported to the yard for duty shortly, corrected the problem with the
 retarder in 35 minutes and went off duty at 5:45 A.M. Me was paid 2 hours
 and 40 minutes at the overtime rate nader Rule 46 - Calls.

 The Organization asserts under "Scope Rule 1" of the Agreement the pertinent part of which is:

        "Signal Work shall include the construction, instal.latios, maintenance and repair of signals... (in) oar :etarder systems" the work of turning the "train-master valve" on the car retarder was generally recognized signal work."


Te record shows the "trainmaster valve" was installed on the rier's retarder systems to allow a person to release a car and make a retarder inoperable so a hump yard's operation might continue while a Signal Maintainer repairs a malfunction. Mere there was no construction, installation, maintenance or repair performed on the retarder system. It is ruled in this Division that an Organization claiming violation of a rule bears the burden of shoring under the Scope Rule at issue, that they have acquired the exclusive right to perform the work. We are unable to conclude that the employes have made such a showing on the record.
                    Award Number 24 10 Page 2

                    Docket Number SG-24490


FI1®IPGS: The 8Lird Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and
 upon the whole record and alt the evidence, finds and holds:

 That the Carrier and the Raployes involved in this dispute are respectively Carrier 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; and

        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                              NATIONAL RAILROAD AIUDSIMEPT BOARD

                              By Order of Third Division


        ATTEST: Acting Executive Secretary . National Railroad Adjustment Board


    / Rosemarie Brasek - Administrative Assistant


        Dated at Chicago. Illinois, this 15th day of June 1983.