Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28825
THIRD DIVISION Docket No. SG-28407
91-3-88-3-192
The Third 'Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Houston Belt and Terminal Railway Company (HB&T)
STATEMENT OF CLAIM: "Claims on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Houston
Belt and Terminal Railway Company (HB&T):
On behalf of Signalmen R. Bravo, D. C. Hagemeier,
M.
A. Parsons, A.
H. Swinhoe, G. A. Van Etten, Signal Foreman I. D. Baxley and K. D. Lamb, headquarters Houston, Texas
The Local Committee of the Brotherhood of Railroad Signalmen on the
HB&T claims that:
(a) Carrier violated the Signalmen's Agreement, as amended, particularly Rule 1 of the Scope, when o
seven (7) employes of an outside contractor (McDonald Electric, 422 Foxglove,
Houston, Texas 77076), who are not covered by said Agreement, to install a
four inch and a two inch pipe line on Bridge 420 across Brays Bayou to house
signal circuits. The work was performed from 8:00 a.m. to 5:00 p.m. on each
of the above dates, with one (1) hour meal period, for a total of eight (8)
hours each employe performing the above work on dates in question.
(b) Carrier should now be required to compensate claimants at their
respective straight time rates as follows: R. Bravo, eight (8) hours; D. C.
Hagemeier; thirty-two (32) hours;
M.
A. Parsons, thirty-two (32) hours; A. H.
Swinhoe, thirty-two (32) hours; G. A. Van Etten, thirty-two (32) hours; I. D.
Baxley, twenty-four (24) hours; and K. D. Lamb, eight (8) hours, as a consequence of the violation a
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. 28825
Page 2 Docket No. SG-28407
91-3-88-3-192
The pivotal issue in this dispute is whether the work performed by
the McDonald Electric Company on June 4, 5, 6 and 8, 1987 accrued to the
Organization under the Scope Rule of the Agreement. Specifically, the outside
contractor installed a plastic pipe underneath the surface of Bridge 20, which
required workers to go over the side of the bridge and be lowered down to a
suspended platform that swung under the bridge. It was Carrier's position
that said work was unsafe and dangerous to Agreement covered Signalmen, and
more pertinent, had never been performed by the employees represented by the
Organization. It also asserts that installing pipelines underneath the
surface of a bridge was not included within the Agreement's Scope Rule and
observes that when said rule was negotiated circa 1965, it did not contain any
provisions or make reference to the installation of pipe castings underneath
the surface of a bridge.
Contrawise, the Organization contends that since the Scope Rule
contains the words "pipelines" and said words relate to and qualify the words
"signal and signaling systems", the work indisputably accrued to signal forces. It notes that Carrie
Signals. Moreover, it maintains that a past practice cannot overcome specific
Scope Rule protection. On this point, it takes issue with Carrier's assertion
that the words "pipelines" as used in the Scope Rule were meant to apply only
to old style mechanical pipe line used from a control tower to track switches
and/or derails, arguing instead that such interpretation was speculative and
self-serving. It asserts that the pipeline construction in this instance was
designed for a specific application in the Carrier's signal system and, as
such, demonstrating this installation as an integral component of the system
unequivocally established the project as signal work.
In considering this case, the Board concurs with the Organization's
position. We recognize, of course, that the specific type work was historically performed by outside
language of the Scope Rule is explicit and unambiguous. Past practice cannot
overcome clear Agreement language. The key word "pipe lines" and "signals and
signaling systems" are integrally related and by extension designed to encompass via an ongoing proc
accrued to members of the Organization.
On the other hand, based upon the circumstances of this case, no
monetary remedy is justified.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 28825
Page 3 Docket No. SG-28407
91-3-88-3-192
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ncy J. v -Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1991.