Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31989
Docket No. SG-32604
97-3-95-3-541
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:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger Corporation
(NRPC-N):
Claim on behalf of R. F. Parfitt for payment
of
five hours at the
straight time rate, account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule, when it used an employee not
covered by the Agreement to perform the covered work
of
cutting tree
limbs obstructing a signal at Mile Post 171.91 on June 21, 1994, and
deprived the Claimant of the opportunity to perform this work. Carrier's
File No. NEC-BRS(N)-SD-683. BRS File Case No. 9618-NRPC(N)."
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. 31989
Page 2 Docket No. SG-32604
97-3-95-3-541
This dispute centers around the Carrier's assignment of a Communications
employee rather than Claimant to remove tree limbs on June 21, 1994 which were
reported obstructing a train crew's ability to see the indication of a signal at Mile Post
171.91 at East Greenwich, Rhode Island.
The Organization has not met its burden to demonstrate that the particular work
invoked fell under its Scope Rule.
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 6th day
of
May 1997.