Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32753
Docket No. SG-33004
98-3-96-3-403

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:


STATEMENT OF CLAIM :



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 1 Award No. 32753
Page 2 Docket No. SG-33004
98-3-96-3-403

The Carrier purchased a pre-wired bungalow from L&W Company. On the dates set forth in the claim, two employees of L&W completed wiring inside the bungalow which was physically located on the Carrier's property at the WR interlocking in Granite City, Illinois. The Organization asserts that this work was Scope covered and should have been performed by covered employees. At the time the work was performed, the Carrier had not yet accepted or paid for the bungalow.


We find this case no different than the line of cases holding that the purchase and use of pre-fabricated equipment does not violate the Scope Rule. See Third Division Award 32135 and Awards cited therein. The work performed by the L&W employees inside the bungalow was under L&W's obligations in -accord with the purchase agreement between the Carrier and L&W. At the time the work was performed, the Carrier neither owned nor controlled the bungalow. There is nothing in this record to show that the work performed by the L&W employees was part of the subsequent installation of the new bungalow into the Carrier's on-line remote control system - which would be Scope covered work. The Organization's burden has not been met.








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 23rd day of September 1998.