Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28031
THIRD DIVISION Docket No. SG-26674
89-3-85-3-421
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen 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 the Consolidated
Rail Corporation (Conrail):
Claim on behalf of Signal Maintainer R. L. Galloway, headquartered
Steel Tower, Bethlehem, PA; assigned territory, C. P. JU to C.P Allen; assigned
hours 7 a.m. to 3:30 p.m., meal period by agreement; rest days Saturdays,
Sundays, and holidays.
(a) Carrier violated the current Signalmen's Agreement as amended,
particularly the Scope, and Rule 5-A-1(h), when it required and/or permitted
track forces to remove bond wires between C.P. Canal and C.P. Alien on Sunday
March 18, 1984.
(b) Carrier should now compensate Maintainer Galloway all time paid
M. of W. forces at the time and one-half rate plus any travel and/or meal
periods he would have otherwise been entitled to receive if he wasn't denied
the loss of work opportunity and/or as a consequence of the above violations."
Carrier file: SD-2139
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 were given due notice of hearing thereon.
As Third Party in Interest, the Brotherhood of Maintenance of Way
Employes was advised of the pendency of this dispute and did not file a
Submission with the Division.
The facts of this case essentially are undisputed in the record of
handling on the property. Claimant was employed on Claim date as a Signal
Maintainer headquartered at Steel Town, Bethlehem, Pennsylvania. On Sunday,
March 18, 1984, Claimant's assigned rest day, track forces represented by
Form 1 Award No. 28031
Page 2 Docket No. SG-26674
89-3-85-3-421
Brotherhood of Maintenance of Way Employes replaced a defective rail in the
territory assigned to Claimant for signal maintenance. In changing out the
defective rail, the track forces removed signal bond wires. In handling on
the property, it never was disputed that in removing bond wires the track
forces opened working track circuits. Three (3) days later Claimant was
notified of the track removal and he went to the site, dug up part of the
crossing, and installed new bond wires to restore the signal circuit.
On May 8, 1984, the Organization's Local Chairman filed this Claim
for Claimant, seeking time and one-half damages for all time spent working by
the track forces on March 18, 1984, together with travel and meal expenses.
There is no basis in this record for the inflated damages sought by
Claimant. On the other hand, Carrier's Claim of de minimus violation is not
persuasive. The record does demonstrate a clear violation of the Scope Rule
in the Signalmen's Agreement, for which an appropriate remedial award is indicated. Unlike the forme
"...
removal of the following signal equipment
...
impedance bonds, signalbonds and track connection leads." In an early decision,
this Board decided in Third Division Award 8069 that under circumstances like
those presented on this record the breaking of signal bonds by track forces
was Agreement-covered work under a specific Scope Rule:
"We are inclined to believe that the mere cutting,
removal, dismantling, destruction or salvaging of equipment is not necessarily reserved to those who
it in the first place, for such operations seldom if ever
require comparable skills, but in the case at hand we believe the breaking of the track bonds, which
system within the CTC was an appurtenance to and an intergral part of the signal system and that und
contract. (See Awards 6584 (Bakke)) At least this view
appears to us to be more logical than the opposite."
In all of the circumstances, we find that Carrier did violate the
Scope Rule and that the appropriate remedy is one (1) call, _i.e., three (3)
hours at time and one-half.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:,
Nancy J. - Executive Secretary
Dated at Chicago, Illinois this 10th day of August 1989.