Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31629
Docket No. SG-30680
96-3-92-3-488
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former CSXT/GA)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen on the CSX Transportation (former CSXT/GA):
CASE No. I
Claim on behalf of F.L. Thigpen and P.C. Newsome. Claim reads
as follows:
(a) Carrier violated the Signalmen's Agreement, particularly the
Scope, when they farmed out work on communication facilities at Hulsey
Yard on the Georgia Railroad to Texiogix Inc. employees on December I I
and 12,1990, denying Claimants work on communication facilities on this
property.
(b) Carrier now be required to compensate T&T Maintainers
F.L. Thigpen and R.C. Newsome for I8 hours each at their overtime rate
of pay in addition to any other pay they have received for work they were
denied when Carrier farmed out the work on communication facilities at
Hulsey Yard on the Georgia Railroad to employees who are not classified
or covered by the Signalmen's Agreement, which adversely affected their
earnings for the month of December 1990. Carrier's File No. 18(91-7).
Gen'l. Chmn's. File No. FL-91-2C. BRS File Case No. 8659-CSXTIGA.
Form 1 Award No. 31629
Page 2 Docket No. SG-30680
96-3-92-3-488
CASE No. 2
Claim on behalf of T. L. Thigpen. Claim reads, as follows:
(a) Carrier violated the Signalmen's Agreement, particularly the
Scope Rule, when they farmed out to White Electric line of road electrical
work at Hulsey Yard on the Georgia Railroad on December 13 and 14,
1990, on the assignment of T&T Maintainer F.L. Thigpen denying him
of
12 hours work that is covered by the Scope of the Sigqalmen's Agreement
and is to be performed by employees who are covered by this agreement.
(b) Carrier now be required to compensate T&T Maintainer
F.L. Thigpen for 12 hours at his overtime rate of pay for work he was
denied on his assignment when Carrier farmed out work covered by the
Scope of the Signalmen's Agreement to White Electric employee Wayne
Johnson. Claim is to be in addition to any other pay he has received
because of this violation of the agreement which adversely affected Mr.
Thigpen's earnings for the month of December 1990. Carrier's File No.
18(91-6). Gen'1. Chmn's. File No. FL 91-1C. BRS File Case No. 8660CSXTIGA."
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 were given due notice
of
hearing thereon.
As Third Party in Interest, the International Brotherhood
of
Electrical Workers
was advised
of
the pendency
of
this dispute and filed a Submission with the Board.
Form 1 Award No. 31629
Page 3 Docket No. SG-30680
96-3-92-3-488
These claims concern work performed by outside contractors in the installation
of a computer system designed for the purpose of maintaining trailer inventory in the
Hulsey Yard Intermodal Terminal. The Organization contends that such work should
properly have been assigned to T&T Maintainers, a Signalmen's classification.
After review of the Signalmen's Scope Rule, the particular nature of the
intermodal terminal, and the specific work involved, the Board concludes that the
Organization has not established its exclusive right to such work. Much of the reasoning
in Public Law Board No. 3872, Award 1, involving the same parties, is of direct
relevance here.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 29th day of August 1996.