Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29083
THIRD DIVISION Docket No. SG-28521
92-3-88-3-352
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Denver and Rio Grande and Western Railroad
(Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Denver
Rio Crande and Western Railroad (DRGW):
Case No. 1
Claim on behalf of Signal Maintainer P. Harmon, headquarters Thistle,
Utah; assigned territory !tile Post 652.0 to Mile Post 688.4; assigned hours
7:30 A.M. to 4:00 P.M.; assigned meal period noon to 12:30 P.M.; assigned rest
days Saturdays, Sundays and holidays.
This Claim is presented in accordance with Rule 54 of the current
Signalmen's Agreement, as amended.
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly the Scope, when on or about July 16, 17, and 20, 1987, it allowed
and/or permitted an outside firm to remove trees from pole line signal circuits between Mile Post 67
(b) Carrier should now be required to compensate Mr. Harmon for
twenty-four (24) hours pay at the straight time rate. G.C. file 24-100.
Carrier file SG-2-87.
Case No. 2
Claim on behalf of Signal Maintainer D. L. Reed, headquarters North
Yard, (Denver) Colorado; assigned territory Mile Post 0 to Mile Post L8.6 on
Main Line 6 Belt Line; assigned hours 7:30 A.M. to 4:00 P.M.; assigned meal
period noon to 12:30 P.M.; asatgned rest days Saturdays, Sundays and holidays,
and on behalf of Signalmen D. G. Madsen, E. L. Montoya and R.F. Kutchen, each
presently furloughed by the D&RGW.
This Claim
i9
presented in accordance with Rule 54 of the current
Signalmen's Agreement, as amended.
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly the Scope, when on or about August 3 through August 10, 1987, it
allowed and/or permitted an outside firm to remove trees from pole line signal
circuits between Mile Post 5 and !tile Post 12.3.
Form 1 Award No. 29083
Page 2 Docket No. SG-28521
92-3-88-3-352
(b) Carrier should now be required to compensate each of the claim-
ants for (40) forty hours pay at the straight time rate. G.C. File 24-103.
Carrier file SG-3-87.
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 concerns the Carrier's contracting out the removal of
trees from the Carrier's right-of-way on its Utah Division in July, 1987 and
on its Colorado Division In August, 1987. While the Organization cites the
Scope Rule as support for its position, examination of that rule shows that
removal of trees is not Included. Without more, this Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy ver'- Executive Secretary
Dated at Chicago, Illinois, this 23rd day of January 1992.