NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23452
Joseph A. Sickles, Referee
(Brotherhood of Railroad §ignalmen
PARTIES TO DISPUTE:
(Kentucky and Indiana Terminal Railroad Company
STATEMNT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Kentucky & Indiana Terminal
Railroad Company:
On behalf of all Kentucky & Indiana Terminal Railroad Signal employees
for all man hours worked by contractor employees in the performance of signal
and communication work on carrier's property, beginning on or about .larch 1,
1979,
and continuing for as long as Carrier uses persons not covered by the
Signalmen's Agreement with the Kentucky and Indiana Terminal Railroad Company."
OPINION OF BOARD: -The Organization asserts that the Carrier violated the
Agreement when it arranged for an outside contractor to
perform signal and communications work which, the Organization contends, was
covered by the scope of the Agreement.
The Organization relies on that portion of the Agreement which defines
certain work as coming within the scope of the Agreement including installation,
construction, repair, reconditioning, inspection, testing and maintenance, of
signals and signal systems, and communications equipment and appurtenances.
The Carrier responded that the contract in question - which was the
subject of the claim - was for the construction of a new building and the
installation of new and sophisticated traffic control devices as well as the
replacement of present antiquated manual block system and it involved the closing
of four
(4)
towers,
We have reviewed this record at length and in our view the work to
be performed was of a nature of contruction work but not construction of signals
and systems as described in the Scope Rule. Thus; the work is not within the
scope of the Agreement as normal signal-type of work and we will deny the
claim.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evi3ence, finds and holds:
Award Number
244T9
Docket nl,mber SG23452
Page 2
inat the Carrier and the 7ployes involved in this dispute are
respectively Carrier anal a-ployes within the meaning of the Railway labor
Act, as approved June 21,
1934;
T1-iat this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A
'el
A R D
Claim denied.
A'2IBs::* Acting Zxecutive Secretary
RATIONAL RALI ROAD AWLTSII·i:.?;T BOARD
By Order of Third Division
ia-tioral Railroad Adjustment Board
Dated a t C'ni cago, Illinois, this 14th day o! July
1983.
EIVED
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