NATIONAL RAILROAD ADJUSTMENT BOARD Award Number 25608
THIRD DIVISION Docket Number SG-24156
Martin F. Scheinman, Referee
( Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
( The Western Railway of Alabama
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atlanta and West Point
Railroad Company, Georgia Railroad, Western Railway
of Alabama:
'(a) Carrier violated and continues to violate the present
Signalmen's Agreement, particularly the Scope of the Agreement among other
Rules, when they farmed out signal work on the Western Railway of Alabama to
Seaboard Coast Line Railroad signal employees and Central of Georgia Railroad
signal employees, who have no seniority or other rights covered by the
Signalmen's Agreement between the Atlanta and West Point Railroad Company and
The Western Railway of Alabama. The Scope of the Agreement specifically
states: 'No employees other than those classified herein will be required or
permitted to perform any of the work covered by the Scope of the Agreement.'
"(b) Claim in behalf of A & WP-W of A.-Ga.R. R. Signal Gang
employees T. C. Wallace Foreman, S. H. Glover and J. D. Holleman Signalmen,
F. S. Eddins, J. D. Richard and C. T. Godwin Assistant Signalmen, for a total
of 656 man hours to be divided equally among Claimants account of Carrier
permitted Seaboard Coast Line signal employees to assemble and wire a
bungalow and three cases for signal system changes on The Western Railway of
Alabama. Claim is to be in addition to any other pay they have already
received because of this loss of work opportunity and because the Agreement
was violated. Claim to be paid at Claimants current rate of pay.
"(c) Claim in behalf of A&WP-W. of A.-Ga.R.R. Signal Gang
employees T. C. Wallace, Foreman, S. H. Glover and J. D. Holleman Signalmen,
F. S. Eddins, J. D. Richard and C. T. Godwin Assistant Signalmen, for 150 man
hours worked by Central of Georgia Signal employees between November 15 and
November 26, 1979, on The Western Railway of Alabama installing signal
facilities and for all man hours thereafter until the job is completed or
Carrier stops them from performing signal work on this Railroad. Claim for
hours worked by Central of Georgia Signal Employees on the Western Railway of
Alabama is to be divided equally among Claimants and is to be in addition to
any other pay they have already received because of this loss of work
opportunity and because the Agreement was violated. Claim to be paid at
Claimant's current rate of pay.
'(d) Carrier be required to jointly check records for amount of
hours worked by Central of Georgia Signal employees after November 26, 1979.'
"(General Chairman File FL-2, Carrier File G-160 - Claim - BRS G.
15-1 (80-7) AWP - Scope GJ'
Award Number 25608 Page 2
Docket Number SG-24156
OPINION OF BOARD: The Organization represents Signalmen on Carrier's lines.
In November 1979, certain work was allegedly performed
by Signalmen of the Central of Georgia Railroad. The work was apparently
done at Opelika, Alabama where the Central of Georgia Railroad crosses
Carrier's lines. It involved the installation of a pre-wired bungalow and
three signal cases. Central of Georgia forces apparently installed the
equipment which had been purchased from the Seaboard Coast Line Railroad.
As a result of these events, the Organization filed the instant
claim. It contended that the construction and installation of the equipment
should have been performed by its forces. Carrier timely denied the claim.
Thereafter, it was handled in the usual manner on the property. It is now
before this Board for adjudication.
The Organization maintains that Carrier violated the Scope Rule of
the Agreement under the facts of this case.
The rule reads:
"SCOPE
This agreement covers rates of pay, hours of service and working
conditions of all employees, specified in Article I, either in
the shop or in the field, engaged in the work of construction,
installation, inspecting, testing,
maintenance, dismantling,
and
repair of all signals, train-order signals, wayside or office
equipment of communication facilities, interlocking plants,
highway crossing protection devices, wayside train stop and train
control equipment, centralized traffic control systems, spring
switch mechanism, line of road electrical facilities, shop
repairing of relays, signals, switch magnets, motors, communication
facilities, etc., bonding of track for signal and interlocking
purposes, together with all appurtenaces pertaining to the systems
and devices outlined above, as well as all other work generally
recognized as signal work.
No employees other than those classified herein will be
required or permitted to perform any of the work covered by the
scope of this agreement.'
The Organization points out that the Scope Rule specifically covers
the construction and installation of all signals, signal appurtenances and
interlocking plants. In its view, forces from other Carriers constructed and
installed this equipment on Carrier's Lines in November 1979. Thus, the
Organization reasons that Carrier's actions violated the specific language of
the Scope Rule.
Award Number 25608 Page 3
Docket Number SG-24156
The Organization notes Carrier's
contention that
the equipment was
constructed and installed pursuant to a separate agreement between Carrier
and Central of Georgia Railroad. However, the Organization points out, that
agreement was entered into in February 1980. This dispute arose in November
1979. Therefore, the organization concludes that Carrier's separate agreement has no relevance to th
For these reasons, the Organization asks that the claim be sustained.
It seeks appropriate man hours' compensation for the time other forces spent
in the construction and installation of the signal facilities at Opelika,
Alabama in November 1979.
Carrier, on the other hand, denies that it violated the Agreement.
It points out that the claim covers a jointly owned facility. Carrier
asserts that pursuant to an independent Agreement, Central of Georgia forces
were responsible for the
maintenance of
that facility. Thus, Carrier suggests
that the disputed work is simply not part of the labor Agreement it has made
with the Organization. Accordingly, Carrier asks that the claim be denied.
A careful review of the record evidence convinces us that the claim
must fail. It is well settled in labor relations that the party who asserts
a claim bears the burden of proving it. (See for example, this Board's Award
No. 18241.) Here, the Organization is required to show that work at a jointly
owned facility is work which belongs exclusively to its forces. However,
nothing in the record supports this contention.
Furthermore, the disputed work was performed under the Agreement of
March 20, 1930. That agreement apparently designates the Central of Georgia
as the Carrier responsible for the installation and maintenance of facilities
at the crossing in Opelika, Alabama. In addition, the Agreement between
Carrier and Central of Georgia reached in 1980 appears to be nothing more
than a clarification of the 1930 Agreement.
Under these circumstances, then, the Organization has simply failed
to bear its burden of establishing that work at that facility falls within
its Scope Rule. This is not to say, however, that the Organization may never
prevail in a related dispute in the future. We make no ruling, neither
express nor implied, as to our finding if the 1930 Agreement had no relevance
to a future controversy. We simply point out that the Organization has
failedto establish that the disputed work properly belongs to its forces.
Accordingly, and for the foregoing reasons, the claim is 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;
Award Number 25608 Page 4
Docket Number SG-24156
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 June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Divsion
Attest: ,
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1985.