Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28387
THIRD DIVISION Docket No. SG-27
90-3-87-3-247
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Detroit, Toledo and Ironton Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Detroit, Toledo and
Ironton Railroad Company:
On behalf of Signalmen D. R. Johnson, H. R. Simpson, H. D. Combs, and
B. A. Miles who were furloughed at the time of the Agreement violation, but
whose usual hours prior to furlough was 7:30 A.M. to 4:00 P.M.; assigned meal
period 11:30 A.M. to 12:00 Noon; assigned rest days Saturday and Sunday.
(a) Carrier violated the parties' Agreement, as amended, particularly the Scope Rule, when on or
of installing conduit required to house communications cable at Carrier's Flat
Rock Yard office, Flat Rock, Michigan.
(b) Carrier should now be required to compensate the following furloughed employees in the amoun
straight time rate at the time furloughed due to loss of work opportunity
and/or as a consequence of the violation cited in part (a) above: D. R.
Johnson, H. R. Simpson, H. D. Combs and B. A. Miles."
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.
Form 1 Award No. 28387
Page 2 Docket No. SG-27705
90-3-87-3-237
Carrier contracted with outside forces to add a second floor to the
office building in Flat Rock, Michigan. Part of the work performed by outside
forces was the installation of conduit to house wires. The organization contends that this work belo
have employed its own forces to do the work.
This Board has reviewed the positions of each side in this case and
we are forced to conclude that no restriction exists that keeps Carrier from
contracting out large construction projects that may include conduit installation as well.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J//)(der - Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1990.