"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the CSX Transportation Company (C&O):
Claim on behalf of J.B. McDonie for payment of a total of 116 hours at the time and one-half rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule and Agreement 5-069-87, when it used contractors to perform wiring work for signal equipment installed as part of the signal system, and deprived the Claimant of the opportunity to perform this work. Carrier's File Nos. 15(96273/274/275/276). General Chairman's File Nos. 96-54/55/56/57-SS. BRS File Case No. 10371-C&O."
The four individual claims comprising this Docket concern the alleged use of a contractor "to perform wiring and installation work" for signal equipment installed as part of the signal system at Evitts Creek, Mexico Tower, or Mexico Yard, all of which are located in Maryland. These claims arose on or about July 3, 1996, when Carrier purchased preassembled signal mechanisms from Harmon Industries and Devtronics, instead of having Agreement-covered Signalmen assemble the mechanisms from components at the DePriest Signal Shop in Savannah, Georgia, as was previously done.
It is noted that there is no contention in the record that the unassembled components were on the Carrier's property and then sent out for assembling. Nor is there any contention that the equipment manufacturers installed any components on the property, as all such installation was done by CSX employees. Rather, the Organization claims a Scope Rule violation because the relay plug boards, terminal strips, lightning arresters, resistors, test links, buss stripping, ground wires and wire tags had already been installed on the racks at the manufacturing plant by the vendor's employees. Thus, the Organization sets forth its position at Page 7 of its Submission, as follows:
This is hardly a matter of first impression between these Parties under this Agreement. See, for example, Third Division Award 4662 (rendered on December 21,1949), as well as Third Division Award 5044 (rendered on September 22, 1950). See also Third Division Awards 21824, 23020, as well as 28648, 28879 and 32135 between these parties. Other decisions involving identical claims between these parties on various other CSX component roads, including the former Baltimore & Ohio Railroad Company, the former Chesapeake & Ohio Railway Company, the former Louisville & Nashville Railroad, the former Seaboard Coast Line Railroad Company and the former Western Maryland Railway Company, include Third Division Awards 12553, 15577, Form 1 Page 3