Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32597
Docket No. SG-33221
98-3-96-3-698
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (former
Seaboard Coast Line):
Claim on behalf of J.H. Smith and the other employees identified in
the Organization's claim dated July 20, 1995, for payment of one hour
each per day at the straight time rate. beginning May 22, 1995 and
continuing for the term of the violation. account Carrier violated the
current Signalmen's Agreement. particularly the Scope Rule and
Agreement S-069-87, when it used other than covered employees to
refurbish signal heads and deprived the Claimants of the opportunity to
perform this work. Carrier's File No. 15(95-239). BRS File Case No.
9943-SCL."
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.
Form 1 Award No. 32597
Page 2 Docket No. SG-33221
98-3-96-3-698
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The instant claim was filed on behalf of 33 employees at Carrier's Savannah,
Georgia, Signal Shop, alleging that Carrier subcontracted the refurbishing of 300 R2
signal heads. Carrier contends, however, that although signal heads had been
refurbished on the property in the past, in the instant case, it purchased new preassembled doublet
It is well-established that Carrier does not violate the Agreement by purchasing
pre-assembled components. See, e.g., Third Division Awards 32290, 32135, 28879.
Consequently, the Organization had the burden of proving that the signal heads were
refurbished away from the property and that Carrier did not simply purchase new
lenses. The record, however, contains no evidence, or even an assertion, that Carrier
sent the involved signal heads away from the property. The only matter in the record
is that the contractor manufactured new lenses for the heads. Accordingly, the claim
must be denied.
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 22nd day of May 1998.