Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32794
Docket No. SG-32890
98-3-96-3-246

The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman 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. 32794
Page 2 Docket No. SG-32890
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On January 4,1994, at approximately 1:40 A.M., a Trainmaster called a Signal Supervisor to the Interlocking Plant in Granite City, Illinois, because an unidentified problem had shut down the Interlocking Plant, stopping aH train trafc on the main line. The Supervisor determined that the 33 Power Switch had frozen up, causing the switch to fail. The Supervisor then barred over the switch point to allow the trains that were being delayed to proceed At approximately 4:15 A.M. the Supervisor called Claimant on overtime to thaw the air line and CP Valve, then lubricate the CP Valve and piston housing on 33 Switch before starting his regular tour of duty at 7:00 A.M.


By letter of February 28, 1995, the Organization filed a claim alleging that the Supervisor in question had violated the Scope Rule when it allowed a Carrier official to perform BRS work. The Scope Rule reads in pertinent part as follows:



The claim was denied on April 27, 1995, and subsequently progressed in the usual manner including conference on the property on November 7, 1995, after which it remained unresolved.


The Board has reviewed the entire record in this case carefully. We are in agreement with the Organization that the work of "inspecting" and diagnosing signals is arguably BRS work. (See, for example. Public Law Board No. 3097, .ward 15). However, in this case, the Organization has failed to demonstrate that the Supervisor in question did any more than conclude that the switch had frozen. bar (bypassed) the switch to allow backed-up trains to pass through, and then call Claimant. A claim similar to this and involving the same Parties was recently denied. Third Division Award 32133. Barring the switch required even less effort by the Supervisor than the work performed by the Supervisor in that case. Accordingly, the instant claim must be denied.

Form 1 Award No. 32794
Page 3 Docket No. SG-32890
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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.