Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28497
THIRD DIVISION Docket No. SG-28643
90-3-88-3-493
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)
PARTIES TO DISPUTE: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Chesapeake and Ohio
Railway Company (CSO):
On behalf of Lead Signalman Stephen R. Ellison ID #2615481, of the
Brotherhood of Railroad Signalmen that;
(a) Carrier did violate the current Signalmen's Agreement particularly Rule 1 (Scope) and Rule 2
permit or require Track Dept. employees to perform Signal work on the T-21
switch on number one main at Hansford, W. Va.
On February 22, 1987 track forces took out and replaced a switch
point at Hansford which had been found defective by the Sperry car. They
notified the Handley operator that a Signal Dept. employee would be needed.
The operator told them that the Handley maintainer was sick, and no attempt
was made to notify any other Signal Dept. employees as per Rule 25.
Track forces then performed the Signal work themselves when
they disconnected and then reconnected the switch point detector rod and the
lock rod connecting rod. This work is and always has been exclusively reserved for Signal Dept. empl
(b) Carrier now be required to compensate claimant a minimum call of
two hours and forty minutes at the time and one half rate of his applicable
rate of pay. G. C. file 87-15-CD. Carrier file 15-1 (87-29)."
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. 28497
Page 2 Docket No. SG-28643
90-3-88-3-493
On February 22, 1987, Maintenance of Way Employes removed and replaced a defective switch point
The issue is whether the tasks or work involved in this activity belonged to
the Signalmen's craft.
In its initial denial of the Claim on April 21, 1987, the Carrier
stated that it attempted to obtain the services of a signal maintainer to work
on the defective switch. However, because "those on the scene made a decision
that it was unsafe and required changing," the track forces did the work.
On the following morning, February 23, 1897, a maintainer arrived at
the work site and adjusted the switch point detector rod and lock rod connecting rod and performed o
of the Signalmen's craft.
The Organization has expressed concern with respect to safety because
the switch was not adjusted or tested until the next day, February 23, 1987,
and because there are indications that the Carrier may have violated FRA
rules. Those matters are not relevant to the Claim. Many Awards in this industry have upheld the Car
defer its work. We find nothing in the record to show that the Claim may be
affected by the Carrier exercising its right, given the particular circumstances leading to this cas
With respect to the merits of the Claim, pursuant to Section 3, First
(j) of the Railway Labor Act, as amended, notice was given to the Brotherhood
of Maintenance of Way Employes as a party of possible interest. The Organization has filed a stateme
instant Claim should be sustained as presented.
In effect, the Carrier asserts that no signal work was performed by
the Maintenance of Way forces on February 22nd and the signal work associated
with the changing of the switch point was deferred. As we review the evidence, the switch point that
Maintenance of Way Employes. However, the Claim is not for the removal and
replacement of the switch point, per se, but for the tasks that were necessary
to accomplish that function. The evidence shows that the appurtenances and
devices that would have had to be removed to replace the switch point is
assigned to the Signal force. However, we also find the work performed on
February 22nd was relatively simple and brief (the significant Signalman work
being performed the next day) and arose in such circumstances and in light of
certain safety factors as to indicate that this case properly falls under the
de minimus doctrine. Paragraph (b) of the Claim is denied.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 28497
Page 3 Docket No. SG-28643
90-3-88-3-493
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1990.