Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28281
THIRD DIVISION Docket No. SG-28451
90-3-88-3-246
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:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
CSO):
(a) Carrier violated the parties' Schedule Agreement, particularly
Rule 34 - Seniority Districts - Limits, when on January 26 and 27, 1987,
Carrier permitted and/or required signal employees of the Ashland seniority
district to perform signal work on the Huntington seniority district of
handling signal material under the control of the signal department when such
material was removed from the KC Cabin and BS Junction signal maintainers'
headquarters/tool house located on the Huntington seniority district.
(b) Carrier now be required to compensate Claimants named below two
(2) days of 16 hours each at their applicable straight time rate of pay due to
a loss of earning and work opportunity:
Name CEO ID No. Classification Rate of Pay
C. M. Johnson 2618690 Leading Mtr. $14.13
C. D. Mayhew 2629465 Signal Mtr. $13.32
J. W. Mays 2629310 Signal Mtr. $13.82
G. C. File 87-14-CD. Carrier file 15-34 (87-21)"
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.
Form 1 Award No. 28281
Page 2 Docket No. SG-28451
90-3-88-3-246
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a Scope Rule Claim. While the parties have characterized the
background causes of this Claim somewhat differently, it appears to the Board
that the crux of this matter is that Carrier's employees in the Signalmen
Craft in the Ashland Seniority District, on January 26 and January 27, 1987,
removed materials from two different tool houses that were being dismantled.
The Claimants, in effect, assert that this work is reserved to signal employees in the Huntington Se
that conveys an exclusive right to pick-up signal material on this property.
Moreover, the Board notes that this type of issue or claim has been addressed
many times in the past by arbitral authorities. These bodies have held that
the handling of signal material is not work reserved to signal employees.
For all of the foregoing, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.