Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32135
Docket No. SG-32862
97-3-96-3-220
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:
(CSX Transportation, Inc. (former Louisville &
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville & Nashville Railroad:
Claim on behalf of B. J. O'Bryan, E. T. Tyler and R. D. Suellen for
payment of 32 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 wire and construct
highway crossing signal equipment, and deprived the Claimants of the
opportunity to perform this work. Carrier's File No. 15(95-191). General
Chairman's File No. 95-SYS-100. BRS File Case No. 9694-L&N."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, fords 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 1 Award No. 32135
Page 2 Docket No. SG-32862
97-3-96-3-220
The Carrier purchased and used pre-wired and pre-assembled signal equipment
from a vendor, Burco. This claim followed.
It bas long been held that the purchase and use of such pre-fabricated equipment
does not violate the Scope Rule. See e.g., Third Division Awards 32058, 32057, 28276,
21232, 20926, 20414, 13703; Public Law Board No. 1719; Public Law Board No. 2044.
Award 4; Public Law Board No. 1499, Award 1.
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 13th day of August 1997.