NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26545
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the National Rail Passenger
Corporation (AMTRAK) (formerly Pennsylvania Railroad):
(a) Claim on behalf of Maintainers C&S (Test) J. Reynolds and J.
Griesser for additional time at the punitive rate of pay for all man-hours
worked by Electrical Department employees, retroactive 60 days prior to
January 23, 1984, when Carrier allowed or permitted the Electrical Department
employees to violate the Scope Rule, particularly the second paragraph, when
they sectionalized the 6600 volt signal power line.
(b) Carrier should check its records to determine the number of
man-hours worked by the Electrical Department employees. Carrier File:
NEC-BRS-SD-196."
OPINION OF BOARD: As Third Party in interest, the Brotherhood of Maintenance
of Way Employes were advised of the pendency of this dis
pute, but chose not to file a Submission.
The Claim herein involves the alleged violation of the Scope Rule
by Carrier permitting its traction forces to sectionalize a 6600 volt signal
power line. The Claim, filed January 23, 1984, alleged that the work had been
going on for some time, but the Claim was restricted to the sixty-day period
prior to its submission. The Claim was submitted on behalf of two Signal
Maintainers.
The Organization's principal argument is that the work in question
by both Agreement and tradition had always been performed by employes covered
by the Scope Rule of the Organization's Agreement. The Organization relies on
the language of Arbitration Award No. 110, of May 5, 1950, involving a former
Carrier and the same Organization. It is argued that the work in question has
always been performed by Signal forces in the Philadelphia Terminal Division
and should not be taken away from them.
Carrier contends that the Claim in this dispute lacks specificity,
and proof of the allegations of the Organization is also missing. Among other
deficiencies the Carrier states that the Claim does not cite specific dates on
which the alleged violations took place. In addition, according to Carrier,
the Organization has failed to show that either past practice or the Agreement
supports its position.
Award Number 26688 Page 2
Docket Number SG-26545
In examining the record, the Board is unable to find any evidence
supplied by the Organization which supports its position. Indeed the record
indicates both from the standpoint of Arbitration Award No. 110 and specific
evidence supplied by Carrier in the form of an affidavit, that the practice
with respect to the particular work at issue has been inconsistent at best and
further that there has been no change in the assignment of the particular work
in recent times. Furthermore, the Claim does not specify either the dates or
the quantity or work performed (or the losses, if any, suffered by Claimants)
and hence is deficient. For the foregoing reasons, the Claim must be denied.
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 evidence, finds and holds:
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ..y
Nancy J ?@Ger - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.