Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28276
THIRD DIVISION Docket No. SG-28430
90-3-88-3-220
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Illinois Central Gulf
Railroad Company (ICG):
Case No. 1
Claim on behalf of Foreman W. H. Smith, Signalmen K. R. Jones, R. W.
Pruitt and W. T. Edwards, who are assigned to Signal Gang Southern No. 3311,
for twenty (20) hours additional pay each at their respective pro rata rate
account not being used to wire a 6' x 8' sheet steel signal instrument house
and three smaller cases (533B) in connection with the installation of a
highway crossing warning device (gates) at Hog Wallow Crossing, Dyersburg,
Tennessee. The items mentioned were delivered to the installation site June
17, 1987. The new warning device was placed in service June 30, 1987. Carrier file 135-241-1Sp1 - Ca
Case No. 2
Claim on behalf of Foreman C. N. Roberts, Lead Signalman W. N.
Freeman, Signalmen G. A. Souther, J. L. Dykes and J. E. Boyd, who are assigned
to a signal gang. Claim is also on behalf of Foreman W. N. Travis and Signalman G. E. Roberts, who a
Claim is filed on behalf of these named employees for twelve (12) hours additional pay each at their
used to wire a 6' x 8' sheet steel signal instrument house and two smaller
cases (533B) in connection with the installation of a highway crossing warning
device at U.S. Highway 45, Pritchard, Alabama. Cases were delivered to I C G
property June 30, 1987 and placed in service July 2, 1987. Carrier file
135-241-1Sp1-Case No. 6 Sig.
Case No. 3
Claim on behalf of W. N. Travis, et al, for seven hours pay each at
their respective pro rata rates, account of the Carrier violated the current
Signalmen's Agreement, as amended, particularly the Scope Rule, when it purchased pre-wired relay ho
system at Dorrah Street, in Madison, Mississippi. Carrier file 135-241-1 Spl,
Case No. 7 SIG.
Form 1 Award No. 28276
Page 2 Docket No. SG-28430
90-3-88-3-220
Case No. 4
Claim on behalf of G. Smith and J. A. Kirk for 40 hours additional
pay each at their respective pro-rata rates of pay, account of Carrier violated the current Signalme
Rule, when it purchased pre-wired cases for installation at
MP
34.7, Pritchard, Mississippi. Carrier file 135-241-1 Spl. - Case 9, SIG.
Case No. 5
Claim on behalf of Foreman C. F. Utchman, Signalmen L. E. Bingman,
J. L. Ferguson, K. D. Lewis, Jr., L. N. Watkins and W. D. Workman, who were
assigned to Signal Gang Northern #2305, for 13 hours additional pay each at
their respective pro rata rate account of not being used to wire a 6' x 8'
sheet steel signal instrument house, which was used in connection with the
installation of a highway crossing warning device (gates) at
MP
53.28, North
Street, Bradley, Illinois. The instrument house was delivered to the installation site on September
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 essential facts in this dispute show that in 1987 the Carrier
purchased pre-wired signal equipment such as a 6' x 8' sheet metal signal
instrument houses which it used as a part of highway crossing warning systems.
The Organization contends that the pre-wiring of the equipment by the outside
firm was in violation of the Parties' Scope Rule. There is no dispute that
all work necessary to install the equipment, including any necessary wiring,
was performed by the Claimants.
After careful consideration of the Parties' contentions, we find that
the Claim must fail for a number of reasons.
There is nothing in the Scope Rule relied upon by the Organization,
in the circumstances that we find here, that gives it the right to perform
work done off of the Carrier's property on equipment that was not owned, at
Form 1 Award No. 28276
Page 3 Docket No. SG-28430
90-3-88-3-220
that point in time, by the Carrier. In this respect, we particularly note
the Scope Rule applies only to work done "in signal shops or in the field."
Moreover, the preponderance of Third Division Awards that speak to similar
facts and issues as in this case consistently have held that carriers do not
violate agreements when purchasing factory-built eauipment wholly or partially
assembled by the outside source.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
010
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.