Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29165
THIRD DIVISION Docket No. SG-28644
92-3-89-3-28
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Case No. 1
On behalf of K. Hotaling, for payment of compensation of 70 hours
pro-rata pay at his rate of pay, account of Carrier violated the current
Signalmen's Agreement, as amended, particularly, Classification Rules -
INSPECTOR and SIGNALMAN, when it allowed or permitted a Signal Inspector to
wire a Signal control panel in the dispatcher's office in Springfield, MA, for
ten hours each on Marcn 10, 11, 12, 16, 17, 18 and 19, 1987. Carrier file
SD-2440.
Case No. 2
On behalf of K, Hotaling, for five hours pay at his pro-rata rate
of pay, account of Carrier violated the current Signalmen's Agreement, as
amended, particularly, the Scope and Classification Rules, when it allowed or
permitted a Project E7.z__neer and a Signal Foreman to wire a power switch
machine at CF57 on March 26, 1987." Carrier file SD-2441.
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or -arriers 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 here_^.
Parties to said dispute waived right of appearance at hearing thereon.
There are two claims presented for determination by this Board. On
the dates in question, Claimant was assigned as a Signalman, headquartered at
West Springfield, Massachusetts. Claimant's assignment was to work four days,
ten hours each, from 6:30 A.M. to 5:00 P.M., Monday through Thursday, with
rest days Friday, Saturday and Sunday.
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The claim in Case No. 1 arose when Carrier used a BRS Signal Inspector to perform work incident
Dispatcher's Office in Springfield, Massachusetts on M~ _h 10-19, 1987.
The claim in Case No. 2 arose when Carrier used a BRS Signal Foreman
to perform work incident to wiring the switch machine at CP-57 on March 26,
1987. In this case, the Organization also alleges that a non-agreement Project Engineer assisted the
It is the Organization's position that the work at issue in the
instant claims falls within the Scope Rule and the Classification Rule of the
current Agreement, which states, in pertinent part as follows:
"SCOPE
These rules shall constitute an agreement between
the Consolidated Rail Corporation and its employees,
represented by the Brotherhood of Railroad Signalmen,
covering rates of pay, hours of service and working
conditions of employees in the signal shop or in the
field, in the construction, installation, repair,
inspection, testing, maintenance or removal of the
following equipment and control systems, including
component parts, appurtenances and power supplies
(Including motor generator sets) used in connection
with the systems covered by this Agreement and all
other work recognized as signal work:
Interlocking systems
Block signal systems
Car retarder systems
Remote control of switch and signal systems
Wayside train signals
Train order or train start signals
Cab signal, train control or train stop
systems other than that portion on moving
equipment
Signal locking and detecting systems on
movable bridges (except power wedges)
Spring switches
Weigh-in-motion scale systems
Highway-railroad grades crossing protection
systems (other than those manually operated)
Dragging equipment detector systems
High or wide load detector systems
Slide detector systems
Flood detector systems
Broken flange detector systems
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Broken wheel detector systems
Hot box detector systems
Presence or motion detectors
Printed circuit boards
Switch heaters
Electric lighted switch lamps
Pipelines and pipeline connections used for
mechanical operation or locking of derails,
switches and signals
Signal batteries
Signal pole lines
Impedance bonds, signal bonds and track
connection leads
Relay houses and relay cases
Compressed air plants and compressed air
distributing systems installed wholly or
primarily for railroad interlocking,
signaling, or retarder systems
Carpentry, painting, welding, cutting
foundation support, concrete work, digging
and backfilling trenches in connection with
installing, repairing or maintaining any
signal apparatus or device
Operation of all machine tools, back hoes,
trenchers, hoisting equipment, hole diggers,
pipe pushers or other equipment used in con
struction, installation, maintenance or
repair of signal systems. (In instances
where equipment has been rented with an
operator, an employee in the mechanic (or
higner) class will be assigned to work with
the operator on each piece of rental equip
ment.)
Removal of brush or trees that impair the
operation of the signal systems
Manning of trouble desk positions
It is understood and agreed in the application of
this Scope that any work specified herein which is
being performed on the property of any former component railroad by employees other than those repre
continue to be performed by such other employees at
the location at which such work was performed by past
practice or agreement on the effective date of this
Agreement; and it is also understood that work not
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included witiin this Scope which is being performed
on the property of any former component railroad by
employees represented by the Brotherhood of Railroad
Signalmen w:il not be removed from such employees at
the locatic7 at which such work was performed by past
practice or agreement on the effective date of this
Agreement.
CLASSIFICATIONS
INSPECTOR
An employee assigned to direct the work of employees
and to inspect the facilities, equipment or apparatus
installed, maintained or repaired by employees under
this agreement, and to perform the CSS 27 Tests (See
Appendix
''-').
SIGNALMAN
An employee assigned to perform installation, construction a-.3 repair work covered by this agre
The Organizat:Dn contends that the foregoing Rules make clear that
inspectors and foremen _irect the work force. There are no expressed exceptions allowing the Fore=an
Foremen to perform the :ork of those employees assigned to them would give the
Carrier latitude of wor·. assignment not sanctioned by the Rules or intended by
the parties.
Carrier maintains that the Rules relied upon by the Organization are
not job descriptions but, rather, were established to effectuate and protect
employees' rates of pa, promotions and seniority rights provided for in the
Agreement. Carrier asserts that the Scope and Classification Rules are not
exclusive grants of wor< to each classification, a proposition which has been
recognized in numerous Awards. Moreover, as to the Project Engineer in Case
f/2, the Carrier contends that he worked in a purely instructional manner and
therefore there is no e71dence that he even arguably performed work within the
Scope of the employee's Agreement. Finally, Carrier submits that Claimant was
on duty and under pay
o1
the claim dates in question and, in the event of a
finding that the Agreement was violated, no monetary Award should be issued.
After careful :onsideration of the. record in its entirety and the
precedent Awards cited :y both parties, we are convinced that the instant
claims lack Rule support and therefore must be denied. Most persuasive,
perhaps, is the fact t`at the cases cited by the Organization are so demonstrably distinguishable fr
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7504, for example, the Board sustained a claim in which an Assistant General
Foreman installed office heating and air-conditioning controls, work normally
assigned to the electrician craft. In concluding that the Assistant Foremen
improperly performed craft work, the Board relied upon an express provision of
the Agreement which stated:
"None but mechanics or apprentices regularly employed
as such shall do mechanics' work as per the special
rules of each craft except foremen at point where no
mechanics are employed."
Other much older Awards relied upon by the Organization address the
issue of intercraft disputes, a matter which we view as inapposite here. (See
Third Division Award 10026.)
It is well-established that the Scope and Classification Rules relied
upon by the Organization do not confer reservation of work to unit employees.
See Third Division Awards 27756; 25546; 12668; 21753; and 22144. In the
absence of a specific contractual prohibition or limitation to the contrary,
and lacking any evidence of past practice, it must be concluded that the work
performed by the Foreman and Inspector did not violate the Agreement.
Finally, as to the work performed by the Project Engineer, we note
that the Organization never rebutted Carrier's statement that he was acting in
a purely instructional manner. Given that state of the record, that portion
of the claim must also be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -a#-
01
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.