Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30921
Docket No. SG-31037
95-3-92-3-731
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (Conrail)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee
of the Brotherhood of Railroad Signalmen
(BRS) on the Consolidated Rail Corporation
(CONRAIL):
(A) Claim on behalf of L. A. Bradley, et al.,
account Carrier violated the current
Signalmen's Agreement, particularly the Scope
Rule, when it utilized outside contractors to
perform covered service of installing
batteries and power connections for a back up
power supply for the Signal Computer System at
Mr. Laurel, New Jersey, on February 1, 1991.
(B) Carrier should make Claimants whole for the
loss of work opportunity by compensating each
Claimant eight (8) hours pay at the pro-rata
rate. (Carrier File SG-378. GC File No.
RM2192-58-1091. BRS File No. 8711-CR.)It
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Between August 29, 1990, and March 15, 1991, the Carrier
engaged the services of the R. Edwards Construction Company to
Form
1
Award No. 30921
Page 2 Docket No. SG-31037
95-3-92-3-731
construct a Computer Assisted Train Dispatching Facility (CATDF) at
its Philadelphia Division Headquarters in Mt. Laurel, New Jersey.
As part of this project, the contractor installed a battery rack
and power connections for an uninterrupted power supply, which is
a backup power source for the CATDF. According to the Carrier,
this portion of the work took less than one day.
The Organization asserts the Scope Rule reserves this work to
employees covered by the Agreement. That Rule reads, in part, as
follows:
"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 classifications
hereinafter listed who are engaged, in the signal shop or
in the field, in the construction, installation, repair,
inspection, testing, maintenance or removal of the
following signal 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.
+ + +
Signal batteries.
+ + + "
The Carrier's first defense is that the work is not covered by
the Agreement because the facility at which the work was performed
is not owned by the Carrier, but is leased. The Carrier submits
the Agreement has application only on the Carrier's property, which
was the intended meaning of the phrase "... in the signal shop or
in the field.,, The Board fails to find such a limitation in the
Agreement. Ownership of the property is not as significant as
control. It is evident the Carrier had sufficient control over the
property that it was able to designate what work was to be
performed, by whom, and in what manner.
The Carrier's next defense is that it has established a past
practice of contracting this work. It asserts the same work was
performed by contractors at five other facilities where CATDF was
installed before Mt. Laurel. According to the Carrier, the
Organization neither filed claims nor protested the use of
contractors at these other locations.
Form 1 Award No. 30921
Page 3 Docket No. SG-31037
95-3-92-3-731
When work is given to a craft by a clear and unambiguous Scope
Rule, the fact that the Carrier may have used others to perform the
work is not sufficient to override the Rule. The Rule covers the
work of installing "... signal equipment and control systems,
including .. power supplies ... used in connection with the
systems." Although the batteries were backup power, they are still
considered a power supply. It is, therefore, a violation of the
Agreement to have persons not covered by the Agreement perform the
work.
There is, however, no showing that the Claimants lost either
work or compensation as a result of the violation. Following
Third Division Awards 26481 and 28889, as well as numerous others,
a monetary award will not be granted.
AWARD
Claim sustained in accordance with the Findings.
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 8th day of June 1995.