Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31982
Docket No. SG-32433
97-3-95-3-332
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Incorporated
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Grand Trunk Western Railroad (GTW):
Claim on behalf of K. A. Taylor, W. A. Moberg, T. O. Coyan, and
E. D. Miller for payment of 40 hours each at the straight time rate,
account Carrier violated the current Signalmen's Agreement, particularly
the Scope Rule, when it utilized other than covered employees to install
equipment for a fuel tank indication system at Flatrock, Michigan, and
deprived the Claimants of the opportunity to perform this work. Carrier's
File No. 8390-1-81. General Chairman's File No. 94-08-GTW. BRS File
Case No. 9649-GTW."
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.
Form I Award No. 31982
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97-3-95-3-332
.as
Third Party in Interest. the International Brotherhood of Electrical Workers
was advised of the pendency of this dispute and chose to file a Submission with the
Board.
The Carrier used a contractor to excavate a trench and install underground
conduit and wiring for a fuel tank overfill alarm at the Flat Rock Yards on the former
Detroit. Toledo and Ironton Railroad property. The Organization claims this work was
improperly assigned to non-covered individuals.
The Organization's Scope Rule covers:
Rule I (a) All signals and signaling systems: traffic and
centralized traffic control systems; interlocking plants and interlocking
systems: train stop and train control systems, except on rolling stock; car
retarder and car retarder system; electrically operated highway crossing
warning devices and their appurtenances and systems; electric switch
lamps, train order signals, wide and high load and other detector systems
and devices used in connection with the systems and devices covered by
this Agreement; track bonding and bonding for static electricity
protection; hot box detector devices and systems.
(b) ... construction, excavating ... work in connection with the
installation, repair and maintenance of any system or equipment covered
by paragraphs (a) and (d).
(d) On the former DT&I: telephone and other communications
systems and devices ....
A December 21, 1967 Addendum Agreement amongst the Carrier, the
Organization and the IBEW outlines the division of work at Flat Rock:
Form 1 Award No. 31982
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"It is our understanding that it has been mutually agreed electricians and
signalmen will perform the following work in connection with the
maintenance of electrical, signal and communication facilities between Hall
Road and Vreeland Road, Flat Rock, Michigan.
Signalmen Work
Pump unit including controUindication-wiring.
Retarders, Control Stations and Hydraulic Pipe Lines.
Electrician's Work
Maintenance of 40 H.P. Hydraulic pump motors and associated
wiring. There are presently two such motors.
13.2 KV Primary Switch Gear.
13.2/440 Transformer, 300 KVA.
All primary and Secondary Power Pole Lines.
All flood lights in Yard area including controls and wiring.
Tower lighting, heating, A/C.
Stand by generator, diesel, 220 KV including fuel supply, transfer
switch.
New Yard Office Building.
Diesel Fueling Area.
Rip Track Building.
Form 1 Award No. 31982
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It is also understood that signalmen will continue to perform such
other work as in the past outside of Hall and Vreeland Roads.
k * *71
The IBEW intervened in this matter. The IBEW and the Carrier assert that the
work was IBEW work.
The work was Signalmen's work. The work in question was clearly construction
and excavation in connection with the installation of systems and equipment on the
former DT&1 as specified in Sections (b) and (d) of the Organization's Scope Rule.
Moreover, the work was clearlv work performed on control/indication systems and
equipment at Flat Rock as covered by the December 21, 1967 Addendum as Signalmen's
work. On the property it was pointed out that, locally, the IBEW even agreed that the
work was Signalmen's work.
In light of the above, the Carrier and the IBEW cannot now maintain that the
work belonged to the IBEW. Those parties cannot now disavow such clearly made
previous contractual commitments and acknowledgments that this kind of work was
Signalmen's work.
This was Signalmen's work. By diverting the work to non-covered individuals,
the aforementioned Agreements have been violated. Claimants shall accordingly be
made whole for the lost work opportunities.
AWARD
Claim sustained.
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ORDER
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
sward effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NA
rIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 6th day of May 1997.