Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28353
THIRD DIVISION Docket No. SG-28491
90-3-88-3-380
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk Southern Corporation
(Central of Georgia Railroad Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Central of Georgia
Railroad (C of Ga):
On behalf of R. Hodges and R. E. Page, Central of Georgia Signal
employees, for the following:
(a) Carrier violated the Scope of the Signalmen's Agreement with the
Central of Georgia Railroad on September 8, 1987, when Supervisor Newhouse
instructed Southern Railway Floating Signalmen headquartered in Macon, Georgia
to go to Americus, Georgia and load and haul two glued insulated joints stored
at Americus and needed at M.P. J-296.2, near Albany, Georgia, because of bad
insulated joints at hsi (sic) location that was causing problems in the signal
system.
(b) Carrier now be required to compensate Signal Maintainer R.
Hodges, headquarters Ft. Valley, Ga for two hours at his overtime rate, and R.
E. Page, headquarters Buena Vista, Ga, for two hours at his overtime rate of
pay, for work they were denied on September 8, 1987, from 10 AM to 12 Noon
when Carrier used Southern Railway signal employees to perform work on Central
of Georgia Railroad that has been assigned and performed by signal employees
on the Central of Georgia Railroad. G.C. file CG-133. Carrier file SG-702."
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 1lqpute waived right of appearance at hearing thereon.
Form 1
Page 2
Award
No.
28353
Docket
No.
SG-28491
90-3-88-3-380
The facts involved in this matter are not in dispute. The Carrier
directed two Southern Railway Company Signal employees to load, haul and
unload insulated joints from Americus to a signal location at Mile Post
J-296.2. Americus and the signal location are on Central of Georgia Railroad
property. Central of Georgia was acquired by Southern, although each Carrier
maintains its identity and collective bargaining agreements.
Contrary to the organization's view, numerous previous Awards have
determined that this task of transporting signal material is not reserved by
the applicable Scope Rule. Third Division Award 13708, involving the same
parties, stated as follows:
"We find that the transporting of signal
material to the job site, as described herein,
is not work exclusively belonging to Signalmen.
The Scope Rule of the Signal Agreement does not
specifically mention the transporting of signal
materials to job sites, as that work reserved to
the Signalmen. It is apparent from the record,
materials have been picked up and delivered to
job sites by other Crafts or Classes. Transporting or delivery is not 'any other work
generally recognized as signal work,' or has the
Organization shown that Signalmen have performed
such work to the exclusion of others."
More recently, Third Division Award 21625 concluded:
"On the day in question, Carrier utilized
the services of an individual not covered by
this organization's agreement to transport
certain signal mechanism.
We have considered the facts of record and
the contentions of the parties; and we have
reviewed Third Division Awards 10613 and
(particularly) L2188, which resolved disputes
between these parties. It is our conclusion
that the Awards cited above are precedent to
this case and, accordingly, we will deny the
claim."
In this instance, the Carrier utilized Signalmen, although from
another seniority district. This, however, does not make the conclusion
established in precedent Awards less applicable.
Form 1 Award No. 28353
Page 3 Docket No. SG-28491
90-3-88-3-380
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1990.