Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29208
THIRD DIVISION Docket No. SG-29069
92-3-89-3-500
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
!3rotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
'Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "~laim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
?acific Transportation Company (SPTC-WL):
On behalf of ;. E. Anderson et al, for 240 hours pay at the pro-rata
rate of pay, to be shared equally between the claimants, account of the
Carrier violated the current Signalmen's Agreement, as amended, particularly,
the Scope Rule, when __ allowed or permitted Union Switch and Signal Company
employees to perform t.^.e installation on pre-existing equipment at Vail,
Arizona." Carrier f: _e SIG-152-459.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier cr 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.
The dispute involved herein deals with the purchase of racks containing 33 prewired relay bases,
from an outside source to be used at a crossover at Vail, Arizona. While the
Organization does not claim the wiring of the above units, this Claim does
claim all the interconnecting wires, cables, harnesses and connectors to and
from these new units. The Carrier has indicated that the Claimants herein did
perform the wiring, and testing for this project and there were 733 hours of
shop time charged to tae project.
The record herein contains no information concerning the precise activity complained of and no d
work was performed. _a addition, it has long been held that the purchase of
new equipment does not, per se, violate the Scope Rule of the Agreement.
Form 1 Award No. 29208
Page 2 Docket No. SG-29069
92-3-89-3-500
This issue, involving the same parties, has been dealt with by this Board on
several prior occasions: see Third Division Awards 16863, 17216, for example.
As in the latter Award, here the Organization has failed to meet its burden of
proof, and for that reason alone, the Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
acy J. er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.