PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

Form 1

NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION

Award No. 33485
Docket No. SG-34348
99-3-97-3-973

The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

(Brotherhood of Railroad Signalmen

(Union Pacific Railroad Company (former Chicago & North ( Western Transportation Company)

"Claims on behalf of the (General Committee of the Brotherhood of Railroad Signalmen on the Chicago & Northwestern Transportation Co. (CNW):


A. Claim on behalf of A.C. Cunningham, D.W. Hockens, M.D. Vanlandingham, W.E. Manfredi and M.J. David for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used noncovered employees to perform the instrument house that was installed at Mile Post 201.93 on the Mason City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1048307, General Chairman's File No. SAV-322, BRS File Case No. 10493-


B. Claim on behalf of A.C. Cunningham, D.W. Hockens, M.D. Vanlandingham, W.E. Manfredi and M.J. David for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used noncovered employees to perform the instrument house that was installed at Mile Post 201.84 on the Mason City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1048308, General Chairman's File No. SAV-323, BRS File Case No. 10494-

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Award No. 33485 VAW
Docket No. SG-34348
99-3-97-3-973

C. Claim on behalf of A.C. Cunningham, D.W. Hockens, M.D. Vanlandingham, W.E. Manfredi and M. J. David for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used noncovered employees to perform the instrument house that was installed at Mile Post 199.75 on the Mason City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1048309, General Chairman's File No. SAV-324, BRS File Case No. 10495-


D. Claim on behalf of A.C. Cunningham, D.W. Hockens, M.D. Vanlandingham, W.E. Manfredi and M.J. David for payment of 30 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used noncovered employees to perform the instrument house that was installed at Mile Post 201.58 on the Mason City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1048310, General Chairman's File No. SAV-325, BRS File Case No. 10496-


E. Claim on behalf of A.C. Cunningham, D.W. Hockens, M.D. Vanlandingham, W.E. Manfredi and M. J. David for payment of 30 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used noncovered employees to perform the instrument house that was installed at Mile Post 199.69 on the Mason City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1048311, General Chairman's File No. SAV-326, BRS File Case No. 10497-


F. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 327.80 on the Boone Subdivision, and deprived the Claimants of

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Award No. 33485
Docket No. SG-34348
99-3-97-3-973

the opportunity to perform that work. Carrier's File No. 1043006, General Chairman's File No. S-AV-312, BRS File Case No. 10498-CNW.


G. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 324.50 on the Boone Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1043005, General Chairman's File No. S-AV-311, BRS File Case No. 10499-CNW.


H. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and ICC. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 323.0 on the Boone Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1043004, General Chairman's File No. S-AV-310, BRS File Case No. 10500-CNW.


I. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrierviolated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 320.10 on the Boone Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1043003, General Chairman's File No. S-AV-309, BRS File Case No. 10501-CNW.


J. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 318.80 on the Boone Subdivision, and deprived the Claimants of

Form 1 Award No. 33485
Page 4 Docket No. SG-34348


the opportunity to perform that work. Carrier's File No. 1043002, General Chairman's File No. S-AV-308, BRS File Case No. 10502-CNW.


K. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 317.60 on the Boone Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1043001, General Chairman's File No. S-AV-307, BRS File Case No. 10503-CNW.


L. Claim on behalf of J.W. Braden and C.R. McDaniel for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 321.65, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1039621, General Chairman's File No. S-AV-299, BRS File Case No. 10504-CNW.


M. Claim on behalf of J.W. Braden and D.W. Wermager for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 326.45, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1039622, General Chairman's File No. S-AV-298, BRS File Case No. 10505-CNW.


N. Claim on behalf of J.W. Braden and D.W. Wermager for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 321.67, and deprived the Claimants of the opportunity to perform that work. Carrier's File No.

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Award No. 33485
Docket No. SG-34348
99-3-97-3-973

1039623, General Chairman's File No. S-AV-297, BRS File Case No. 10506-CNW.


O. Claim on behalf of J.W. Braden, D.W. Wermager, C.R. McDaniel, R. E. Countryman, and C. T. Windschitl for payment of 40 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 321.66, Logan, Iowa, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1039624, General Chairman's File No. S-AV-296, BRS File Case No. 10507-CNW.


P. Claim on behalf of J.W. Braden, D.W. Wermager, C.R. McDaniel, R.E. Countryman, and C.T. Windschitl for payment of 40 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 326.22, East Mo-Valley, Iowa, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1039620, General Chairman's File No. S-AV-295, BRS File Case No. 10508-CNW.


Q. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 328.49 on the Boone Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1037972, General Chairman's File No. S-AV-292, BRS File Case No. 10509-CNW.


R. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at

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Award No. 33485
Docket No. SG-34348
99-3-97-3-973

Mile Post 54.00 on the Sioux City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1037968, General Chairman's File No. S-AV-291, BRS File Case No. 10510-CNW.


S. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 55.46 on the Sioux City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1037969, General Chairman's File No. S-AV-290, BRS File Case No. 10511-CNW.


T. Claim on behalf of T.J. Yetmar, J.R. Walker, and D.M. Pollard for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work ofwiring a signal instrument house that was installed at Mile Post 56.70 on the Sioux City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1037970, General Chairman's File No. S-AV-289, BRS File Case No. 10512-CNW.


U. Claim on behalf of T.J. Yetmar, J.R. Walker, and D.M. Pollard for payment of 20 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 52.75 on the Sioux City Subdivision, and deprived the Claimants of the opportunity to perform that work. Carrier's File No. 1038336a, General Chairman's File No. S-AV-288, BRS File Case No. 10513-CNW.


V. Claim on behalf of L.M. Sorenson, G.J. Robinson, C.L. Foreman and K.C. Colgazier for payment of 10 hours each at the straight time rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used non-covered employees to perform the covered work of wiring a signal instrument house that was installed at Mile Post 54.74 on the Sioux City Subdivision, and deprived the Claimants

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FINDINGS:

Award No. 33485
Docket No. SG-34348
99-3-97-3-973

of the opportunity to perform that work. Carrier's File No. 1038336, General Chairman's File No. S-AV-287, BRS File Case No. 10514-CNW."

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.



The instant claims all involve Carrier's use of signal instrument houses that were wired at Carrier's Signal Shop in Sedalia, Missouri. The Claimants are all employees covered by the Organization's Agreement with the Chicago & Northwestern Transportation Company, which was acquired by Carrier. Signalmen employed at the Sedalia shop were represented by the Organization but were not subject to the Chicago & Northwestern Agreement. There is no dispute that Carrier did not give the Organization notice prior to any of the transactions at issue.





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Award No. 33485
Docket No. SG-34348
99-3-97-3-973

B. C&NW signal constructions forces are not qualified, or

Time in which to have the work performed by C&NW forces would delay the completion of the project for which the signal cases are intended, or





The instant claims raise the question of the meaning of the word "purchases" as used in the Agreement. The record is far from ideal for deciding this issue. Fortunately, the Board need not reach this issue. It is clear that if there were purchases, the sole violations would be the failures to give notice. Had notice been given, Carrier would have been able to "purchase" the pre-wired signal instrument houses because there were no Signal Department employees furloughed due to inability to hold a position in the exercise of seniority. Therefore, no monetary remedy is called for. We will sustain the claim to place Carrier on notice that it must give notice in the future before going through with a purchase.


C.

AWARD

Claim sustained in accordance with

the Findings.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 22nd day of September 1999.