PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the United General Committee of the Brotherhood


(a) Carrier violated and continues to violate the Scope of the current Signalmen's Agreement when it allowed supervisory and I. B. E. W. personnel to assemble components for, mount and install, communications equipment for a "Talk Back Communications System" at Pier 124 in South Philadelphia commencing on or about October 4, 1982.

(b) Carrier should now be required to compensate Inspector Telephone and Telegraph, R. L. Danley, Maintainers Communications H. J. Kleins and N. L. Smith, eight (8) hours of pay each for each day lost as a result of this violation and loss of work opportunity, beginning October 4, 1982, at their prevailing rate of pay until this project ends. (Carrier file No. SD-2017-C)

OPINION OF BOARD: In August, 1982, a consolidated radio and talkback intercom
system was installed by the Carrier at Pier 124 in South
Philadelphia, Pa. on property formerly owned by the Pennsylvania Railroad. The
primary function of the equipment was to control two radios used in connection
with the operation and maintenance of the pier. It also serves as an inter
office communication system ("talkback"). Two employes represented by the
International Brotherhood of Electrical Workers ("IBEW") spent a total of 10
man-days on the job. Seven employes represented by the Brotherhood spent a
total of 70 man-days on the job. This dispute protests IBEW's involvement in
the project. IBEW was notified of this dispute, and responded.

Carrier here has steadfastly insisted that the two IBEW represented Employes were merely modifying intercom units to control two radios, one to the interface between the intercoms and the radios. It asserts that fully 80 percent of the audio flowing through the controls is radio related, and that since the interface was built primarily for radio control, it was necessary to use IBEW represented Employes classified as Radio Maintainers to perform wiring work on the interface - a type of work which Brotherhood represented Employes have never performed on the property.

Moreover, the Carrier points to the Award of Public Law Board No. 2543, which held that:

                    Locket Number SG-25777


        "The work of installation and maintenance of Consolidated Rail Corporation owned radio equipment does not accrue to Communication and Signal Department employees represented by the Brotherhood of Signalmen... "


The record before us does not contain sufficient contrary evidence to warrant our sustaining the instant claim. Accordingly, it must be denied.

        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 Onployes 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 ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Nancy r - Executive Secretary


Dated at Chicago, Illinois, this 26th day of July 1985.