Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29086
THIRD DIVISION Docket No. SG-29486
92-3-90-3-519
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:
(Houston Belt and Terminal Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Houston Belt
and Terminal Railway Company (HBT):
Claim on behalf of K. R. Zumwalt, for payment of 45 hours of pay at
his pro-rata rate of pay, account of Carrier violated the current Signalmen's
Agreement, as amended, particularly the Scope Rule, when it allowed or permitted an individual not c
or about August 16, 1989." G.C. File 89-49-H-S. BRS file Case No. 8044-HB&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.
Claimant is a Rellefman Technician headquartered at the Carrier's
Union Station in Houston, Texas. This dispute concerns the contracting out of
the repair of electrical circuit boards.
The record demonstrates that during the period 1963 through 1971,
approximately 75 percent of electronic circuit boards were returned to vendors
for repair, which increased to 100 percent during the period 1971 through
1973. The record further demonstrates that during the period when circuit
boards were returned to the vendors for repair, the Organization was aware of
the Carrier's actions. There was no Reliefman Technician position during the
period 1973 through 1989. That position was reestablished in 1989 with the
intent of training successful bidders to perform a variety of electrical
duties.
Form 1 Award No. 29086
Page 2 Docket No. SG-29486
92-3-90-3-519
Given the above history and further given that Rule 104 states that
the Reliefman Technician "does not have exclusive rights to these duties" and
further considering that the record discloses that Claimant was assigned to
his present position with the intent of training him to perform repairs on
vital equipment (such as the circuit boards at issue), we cannot say that the
Organization has carried its burden.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy 1. -Executive Secretary
Dated at Chicago, Illinois, this 23rd day of January 1992.