Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26929
THIRD DIVISION Docket No. SG-26810
88-3-85-3-712
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother-
hood of Railroad Signalmen on the Seaboard System Railroad
(formerly Louisville and Nashville).
On behalf of Signalman J. M. Redman for 5 hours and 45 minute's, at
his pro rata rate of pay, account of Carrier violated the Signalmen's Agreement, particularly Rules
allowed Signal Foreman P. E. Kirkpatrick to drive company van from Nashville,
Tennessee to Corbin, Kentucky. Carrier File: 15-60 (85-5)L."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Signal Gang MI5 was relocating from Nashville to Corbin on July 21,
1984. The Claimant, a Signalman who was a member of the Gang, requested
permission to be assigned the work of driving the signal van from Nashville to
Corbin. His Foreman refused the request and drove the van himself. The
Claimant then drove his personal vehicle, while under pay.
The Organization argues that the Claimant was improperly denied the
work involved in driving the van and seeks pay therefor, citing Rules 3, 7,
and 60, which read as follows:
Form 1 Award No. 26929
Page 2 Docket No. SG-26810
88-3-85-3-712
"RULE 3. FOREMAN.
An employe who is assigned to direct the work
performed by leading signalmen, signalmen,
assistant signalmen and/or helpers. A foreman
may make inspection or test of the job under
way but shall not take the place of another
employe."
"RULE 7. SIGNALMAN, SIGNALMAN MAINTAINER.
An employe assigned to perform work generally
recognized as signal work. If assigned to a
certain territory or plant, he will be classified as a signal maintainer."
"RULE 60. RIDING MOTOR CARS.
(a) It is understood and agreed that operating or riding on track motor cars or other
conveyances used in lieu of motor cars, is work
and is to be paid for as such under the provisions of this agreement."
The Organization's Scope Rule (Rule 1) includes no direct reference
to the operation of vehicles. Rule 60 does contemplate such work and provides
for pay for such assignment. The Organization has failed to show, however,
that the work under review here (not within the specific duties in the Scope
Rule) is work which is exclusively performed by Signalmen and which may not or
has not been performed by Foremen. Such cannot be found to violate the prohibition of Rule 3 that a
Further, Rule 60, as argued by the Carrier, constitutes a pay rule, rather
than a grant of exclusive right of "operating" a vehicle.
This is not a case of first impression. Third Division Award 10008
involves the same parties. While the fact situation therein is somewhat
different, that Award states as follows:
"From a review of the record before us, we
are of the opinion that the evidence here does
not support the contentions of the Organization.
Nothing is contained that gives the exclusive
right to Signalmen to drive trucks as alleged
here, and we find nothing before us to support
the contention that such work is exclusive to
Signalmen."
To the same effect are Third Division Awards 19822 and 23835, both of
which involve the same Organization as here and deny claims concerning operation of trucks by Signal
Form 1 Award No. 26929
Page 3 Docket No. SG-26810
88-3-85-3-712
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J1p;'Ve r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.