Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32129
Docket No. SG-32632
97-3-95-3-562
The Third Division consisted of the regular members and in addition Referee
Edwin H. Beim when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation (Conrail):
Claim on behalf of M. P. Galbo for payment of four hours at the
straight time rate, account Carrier violated the Current Signalmen's
Agreement, particularly the Scope Rule, when it used a non-covered
management employee to perform covered work at Frontier Yard on
November 15, 1993, and deprived the Claimant of the opportunity to
perform the work. Carrier's File No. SG-806. General Chairman's File
No. RM2654-225-1094. BRS File Case No. 9718-CIZ"
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. 32129
Page 2 Docket No. SG-32632
97-3-95-3-562
The claim progressed on the property involved allegations of the Carrier's
violation of Paragraphs 6 and 8 of Appendix "P." The claim appealed to this Board
alleges that the Carrier violated the Scope Rule. The record provided to us is confusing.
It appears that several claims have been mixed up. We are therefore unable to dispose
of this matter. We shall therefore dismiss the claim.
AWARD
Claim dismissed.
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 13th day of August 1997.