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:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on Consolidated
Rail Corporation (Conrail):
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.
Parties to said dispute waived right of appearance at hearing thereon.
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
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy verl- Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.