"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad (UP):

Claim on behalf of L. A. Herek for payment of 1.5 hours at the time and one-half rate, account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule, when it used a non-covered employee to repair a signal system radio on September 5, 1966, and deprived the Claimant of the opportunity to perform this work. Carrier's File No. 1040028, General Chairman's File No. 60016883, BRS File Case No. 10545-UP."

As Third Party in Interest, the International Brotherhood of Electrical Workers was advised of the pendency of this dispute and filed a Submission with the Board.

This dispute arose, according to the BRS, "when Carrier used a Communications Department employee to repair a MDS radio that had been removed from the signal system at Grove, Kansas, and sent to the shop at Council Bluffs for repair." The BRS argues that this repair should have been performed by BRS represented employees.

The Carrier notes it maintains a centralized Telecommunication Service Center in Council Bluffs, "staffed by IBEW represented employees and [which] performs the radio repair work for the Carrier's entire system." The Carrier also maintains a separate facility in Council Bluffs, staffed by BRS represented employees, for signal circuit board repair and related work, but not for radio repair.

The BRS and the IBEW both argue that their Scope Rules entitle them to the work in question. The BRS relies in part on Public Law Board 4716, Award No. 79, which supports BRS installation of MDS radios in signal systems. This Award cannot be read to include repair of the radios.

Review of the Scope Rules and their interpretation leads the Board to the conclusion that the repair of a multi-purpose MDS radio was properly assigned to other than a BRS represented employee.

This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.