Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27812
THIRD DIVISION Docket No. SG-28010
89-3-87-3-581
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on Consolidated


On behalf of Brother E. G. Roth for 3 hours pay at his punitive rate of pay account of Carrier violated the current Signalmen's Agreement, as amended, particularly the Scope Rule, when on June 12, 1986, it allowed or permitted an Assistant's Signal Supervisor to perform signal repair work at Avenue 'B,' in Endicott, N. Y." Carrier file SD-2335.

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.



The Organization asserts that Carrier violated the Agreement when the Assistant Signal Supervisor performed classified signal work protected by the Scope of the Agreement. Specifically, the Organization alleges that the Assistant Supervisor repaire
This Board has reviewed the facts in the instant case and finds for the Carrier. While the work was Signalman's work, the circumstances herein document the emergency nature of the repairs. The Organization did not refute the following: that no signal department personnel were at the Avenue "B" pedestrian crossing; that the gates were down and flashing without cause due to broken track wires; that radio contact was not possible with signalmen; that the crossing was used by fire station personnel and the elderly; and that only temporary repairs were made. The record disclosed that Signal Department personnel were then located and advised to make permanent repairs.

This Board has issued numerous Awards holding that when, as here, an emergency condition effecting safety is involved, the Carrier may take necessary action and exercise Claim must be denied. This is consistent with the logic and conclusion of numerous Third Division Awards 26677, 19140, 14372.
Form 1 Award No. 27812
Page 2 Docket No. SG-28010
89-3-87-3-581








Attest.
        Nancy verl- Executive Secretary


Dated at Chicago, Illinois, this 29th day of March 1989.