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



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.



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






                          By Order of Third Division


Attest:~!/
7''Nancy ver - Executive Secretary

Dated at Chicago, Illinois, this 12th day of June 1992.