Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29274
THIRD DIVISION Docket No. SG-29426
92-3-90-3-358
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf the General Committee of the Brotherhood
of Railroad Signalmen on the Consolidated Rail Corporation
(CONRAIL):
Claim on behalf of J. M. Hoffnagle, for payment of three (3) hours
pay at his punitive rate of pay, account of Carrier violated the current
Signalmen's Agreement, as amended, particularly, APPENDIX 'P', when it did not
call him on January 28, 1989, at 3:11 a.m. to perform maintainer's trouble
work." Carrier file SG-88. BRS file Case No. 7920-CR.
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.
The event leading to this claim occurred on January 28, 1989, at
approximately 3:30 A.M. when a Carrier Police Officer found a piece of metal
lying across the track and removed it.
The Claimant asserts a loss of work opportunity because he was not
called to remove the piece of metal. He contends a violation of the Scope
Rule.
The Organization has failed to meet its burden of proof in this case.
We find nothing in the Scope Rule applicable here that removing dangerous
debris from the track is work belonging to the Organization.
Form 1 Award No. 29274
Page 2 Docket No. SG-29426
92-3-90-3-358
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:~!/
7''Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 12th day of June 1992.