Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31641
Docket No. SG-31481
96-3-92-3-968
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen (BRS) on the Terminal Railroad Association of St.
Louis (TRRA):
Claim on behalf of D.H. Wilkins, C.E. Rogers, D.J. Freppon, C.D. Shaffer,
J.W. Blair, D.C. Picou, C.E. Satterfield, and E.K. Hubbard for payment
of eight (8) hours each at their respective overtime rates, account Carrier
violated the current Signalmen's Agreement, particularly the Scope Rule,
when it utilized employees of an outside contractor to perform the covered
work of installing signal cable conduit from August 12, 1991 to August 23,
1991, and deprived the Claimants of the opportunity to perform this work.
Carrier's File No. 013-311-15. General Chairman's File No. 910924.03.
BRS File Case No. 8916-TRRA."
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 or 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.
Form 1 Award No. 31641
Page 2 Docket No. SG-31481
96-3-92-3-968
As Third Party in Interest, the Brotherhood of Maintenance of Way Employes
was advised of the pendency of this dispute and filed a Submission with the Board.
For all intents and purposes, this case is a near copy of two similar disputes
between these same two parties which were separately reviewed by the Board and
decided by Third Division Awards 29679 and 31347. We have examined both Awards
and find that they are dispositive of the issue as set forth in the Statement Claim of this
case. The decisions expressed in Awards 29679 and 31347 are adopted, by reference,
in our denial of the instant claim.
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.