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:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Terminal Railroad Association of St. Louis
(TRRA):
Claim on behalf of C.E. Satterfield for payment of one hour and 35
minutes at the time and one-half rate, account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when it used a
management employee to perform covered work at WR Interlocking Plant
in Granite City, Illinois, on January 4, 1995, and deprived the Claimant
of the opportunity to perform this work. General Chairman's File No. 9537-A-S. BRS File Case No. 975
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
98-3-96-3-246
Parties to said dispute were given due notice of hearing thereon.
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:
"This Agreement covers and governs the rate of pay, hours of service and
working conditions of all employees in the Signal Department engaged in
the installation, construction, maintenance, reconditioning, dismantling,
repair, testing and inspecting, as well as all other generally recognized
signal work, including such work in retarder and retarder yard systems."
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
98-3-96-3-246
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 23rd day of September 1998.