Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31984
Docket No. SG-32572
97-3-95-3-496
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:
(Southern Pacific Transportation Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee
of
the Brotherhood
of
Railroad Signalmen on the Southern Pacific Transportation Co. (SP):
Claim on behalf of J. M. Key for payment
of
8 hours per day at the
straight time rate and payment
of
ail applicable overtime, beginning
January 26, 1994, and continuing for the term
of
the violation, account
Carrier violated the current Signalmen's Agreement, particularly the
Scope Rule and the Letter
of
Understanding dated August 18, 1992, when
it used non-covered forces to maintain, repair and adjust Centralized
Traffic Control equipment at Denver, Colorado. Carrier's File No. SIG
94-i5. General Chairman's File No. SWGC-903. BRS File Case No. 9644SP."
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.
Form I award No. 31984
Page 2 Docket No. SG-32572
97-3-95-3-496
Parties to said dispute %,,ere given due notice of hearing thereon.
In this claim, the Organization asserts that non-covered employees performed
scope covered work of maintaining, repairing and adjusting Centralized Traffic Control
(CTC) equipment at the Carrier's control office in Denver, Colorado in violation of the
Scope Rule and the August 18, 1992 Letter of Understanding.
The record shows that the equipment in the Denver Park Central Building has
evolved over the vears from a relav based system in the 1970's which required a covered
employee to adjust and maintain relavs and lamps to the present use of personal
computers with desk monitors which do not require the services of a maintainer.
The Organization has not identified work that is scope covered or performed in
violation of any provisions of the relevant Agreements as its burden requires. This claim
must fail for lack of proof.
a
WARD
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 6th day of May 1997.