Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32920
Docket No. SG-32766
98-3-96-3-72
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:
(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 D. H. Wilkins, E. K. Hubbard, C. E. Rogers, R.
E. Robinson and C. E. Satterfield for payment of four hours each at their
respective time and one-half rates, account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when it used other
than covered employees to install and repair signal equipment at Poplar
Street South Interlocking Plant on October 22, 1994, and deprived the
Claimants of the opportunity to perform this work. General Chairman's
File No. 95-44-A-S. BRS File Case No. 9776-TRRA."
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. 32920
Page 2 Docket No. SG-32766
98-3-96-3-72
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the Brotherhood of Maintenance of Way Employes
was advised of the pendency of this dispute and chose to file a Submission with the
Board.
This dispute raises similar issues discussed in Third Division Award 32921. In
this case, the claimed work was performed on October 22, 1994.
For the reasons set forth in Award 32921, this claim shall 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 23rd day of November 1998.