Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28648
THIRD DIVISION Docket No. SG-27155
91-3-86-3-352
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSR Transportatin, Inc.
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Seaboard
System Railroad (formerly Clinchfield)
On behalf of Leading SC&E Maintainer J. L. Sifferd and SC&E
Maintainer J. A. Peterson for 160 hours each at the time and one half rate of
pay, and SCSE Maintainers C. E. Ring and B. Lewis for 140 hours each at the
time and one half rate of pay account employees at Savannah Shop wiring
instrument house to be installed on or about February 11, 1985, at Waycross,
TN." Carrier file 15-1 (85-36) T
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.
This dispute involves certain work performed by Signalmen at
Waycross, Tennessee. The issue is whether the Agreement required the Carrier
to have components for the instrument house shipped to the former Clinchfield
Railroad Company property for assembly, or whether the Agreement covers installation of new e
As a result of these events, the"Organization filed the instant
Claim. It contended that the wiring of instrument houses and/or cases should
have been performed by its forces. The Claim was timely denied by Carrier,
and handled in the usual manner on the property. It is now before this Board
for adjudication.
Form 1 Award No. 28648
Page 2 Docket No. SG-27155
91-3-86-3-352
The Organization maintains that Carrier violated the Scope Rule of
the Agreement and specifically, a Memorandum of Understanding dated April 10,
1952. That memorandum states:
"It is further agreed that when the Carrier deems it
necessary to install a car retarder system, communication system, or a signal system on its line not
signaled, it may purchase partially or completely wired
relay cases and instrument houses, CTC machines or radio
communication equipment on the first installation. However, when such pre-wired equipment is deliver
property, it shall be handled and installed by employees
covered by the Scope of the SC6B's agreement."
The Organization points out that the Memorandum of Understanding
specifically precludes Carrier from purchasing partially or completely wired
relay cases and instrument houses on a pre-existing signal system. In its
view, since the complete railroad has been signaled since 1952, the present
dispute involves pre-existing signal systems. Therefore, it is the Organization's contention that th
reasons, the Organization asks that the Claim be sustained. It seeks appropriate hours of compensati
Waycross, Tennessee in February 1985.
Carrier, on the other hand, denies that it violated the Agreement.
It asserts that there is no rule which prohibits the purchase of pre-wired
instrument houses for subsequent delivery to the CRR property for installation. It further contends
to have pre-wired components assembled by its forces. Carrier concludes that
the parties agreed that the Scope Rule did not include the assembly of signal
and communication equipment for new installations, but did include installation of the equipment aft
After careful consideration of the whole record, the Board finds
itself in agreement with the position advanced by the Carrier. Carrier has
produced several Awards of this Division regarding pre-wired signal houses
and instrument cases. (See, for example,. Awards 20467 and 18814). We have
reviewed those Awards which determined that seniority rights to work do not
attach until the material or equipment upon which the work is to be performed
is delivered to the Carrier. ,
e
Carrier's right to have signal instrument houses pre-wired (assembled) prior to delivery for ins
Therefore, the Claim must be denied.
Form 1 Award No. 28648
Page 3 Docket No. SG-27155
91-3-86-3-352
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~z , ,
Nancy J. D e Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1991.