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.


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.






                          By Order of Third Division


Attest:
        Nancy J//)(der - Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1990.