"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Consolidated Rail Corporation (Conrail):
Claim on behalf of G.P. Graniero for payment of 32 hours 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 take the place of an Inspector in performing covered work between August 26 and September 10, 1996, between C.P. Port Reading Junction and C.P. Pattenburg. Carrier's File No. SG-921, General Chairman's File No. Rm2938-57-0397, BRS File Case No. 10529-CR."
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 claim concerns assignments performed between August 26 and September 10, 1996, in which an Assistant Inspector and a Maintainer worked under the direction of a non-represented Supervisor. The Organization contends that on 11 days during this period, the Supervisor performed work properly assigned to BRS-represented employees. Following a conference on the matter, the Organization was requested to provide specific evidence of its allegation. This was provided through a written statement from an employee observing the incidents in question. This information was Form 1 Page 2