Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33154
Docket No. SG-33479
99-3-96-3-1040
The Third Division consisted of the regular members and in addition Referee
Dana E. Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore &
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claims on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (B&O):
A. Claim on behalf of G.L. Thompson for payment of 25 hours at
the straight time rate and G.D. Ginevan for payment of 16 hours at the
straight time rate, 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 perform wiring work for cases
installed as part of the signal system at Cincinnati, Ohio, Mulberry,
Florida, and Mitchell, Indiana, and deprived the Claimants of the
opportunity to perform this work. Carrier's File No. 15(96-106). BRS File
Case No. 9994-B&O."
"B. Claim on behalf of G.D. Ginevan for payment of 32 hours at the
straight time rate, 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 perform wiring work for cases
installed as part of the signal system at Cincinnati, Ohio, and New Castle,
Pennsylvania, and deprived the Claimant of the opportunity to perform
this work. Carrier's File No. 15(96-14). BRS File Case No. 10000-B&O."
"C. Claim on behalf of G.L. Thompson and J.B. McDonnie for
payment of 30 hours each at the straight time rate, account Carrier
violated the current Signalmen's Agreement, particularly the Scope Rule
Form 1 Award No. 33154
Page 2 Docket No. SG-33479
99-3-96-3-1040
and Agreement S-069-87, when it used other than covered employees to
perform wiring work for cases installed as part of the signal system at
Toledo, Ohio, and deprived the Claimants of the opportunity to perform
this work. Carrier's File No. 15(96-13). BRS File Case No. 10001-B&O."
"D. Claim on behalf of G.L. Thompson for payment of 10 hours at
the straight time rate, 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 perform wiring work for cases
installed as part of the signal system at Opelika, Alabama, and deprived
the Claimant of the opportunity to perform this work. Carrier's File No.
15(96-12). BRS File Case No. 10002-B&O."
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.
Parties to said dispute were given due notice of hearing thereon.
In these claims, the Organization alleges that the Carrier violated the Scope Rule
and Agreement S-069-87 when it purchased Harmon VHCL racks and Devtronic relay
racks, plug boards, wago strip, control panel, cables and radio racks, all premounted
and prewired at the vendors' factories, for installation in the Carrier's signal houses.
This is hardly a matter of first impression before the Board. These claims are denied
for the same reasons set forth in a long line of prior denial Awards involving the same
issue, Agreement language and Parties, the most recent examples being Third Division
Awards 32135, 32290, 32402, 32597, 32598, 23641, 32799, 32801 and 32804.
Form 1 Award No. 33154
Page 3 Docket No. SG-33479
99-3-96-3-1040
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 25th day of March 1999.