Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35046
Docket No. SG-35693
00-3-99-3-635
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and Ohio
( Railroad Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (B&O):
Claim on behalf of W. Halcomb, D.L. Martin, F.R. Moore, D.L. McClure
and H.L. England for a total of 1020 hours straight time and 430 hours
time and one-half to be divided equally among the Claimants, account
Carrier violated the current Signalmen's Agreement, particularly the
Scope Rule, when it utilized an outside contractor to perform covered
signal work by replacing and repairing signal pole line between MP
BC170.0 and MP BC7.0, from April 29 through May 29, 1998, and
denied the Claimants the opportunity to perform the work. Carrier's File
No. 15(98-326). BRS File Case No. 10971-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.
Form 1 Award No. 35046
Page 2 Docket No. SG-35693
00-3-99-3-635
Parties to said dispute were given due notice of hearing thereon.
On July 17,1998 the Organization tiled this claim alleging the Carrier violated
the Scope Rule when it used an outside contractor to install poles, wires, cross arms
and tied wires from MP BC 170.0 to MP BC 7.0 between April 29 and May 29, 1998.
The Carrier argues that the Claimants do not have the exclusive right to the
work performed. It also argues that the time claimed is not supported by any facts.
Both parties cited numerous Awards in support of their respective positions. As
to the work of installing new poles, Third Division Award 32596 resolving a dispute
between the same two parties held:
"The record developed on the property contains conflicting assertions,
but is barren of any evidence as to who performed this work on the
property in the more than 20 years between Western Union's having
ceased performing the work and the date of the incident that is the
subject of the instant claim. The Organization has the burden of proof
and bare assertions do not constitute evidence. Accordingly, the claim
must be denied because the Organization failed to carry its burden of
proof."
This case is similar in that the Organization has again failed to prove that BRSrepresented employees have the exclusive right to install signal poles.
It is clear that the other work performed by the contractor is covered by the
Scope Rule. The Carrier failed to argue that it was not required to partially contract
out the work. During the handling of the claim on the property, the Carrier
challenged the number of hours claimed by the Organization. The Organization never
responded. Because there is no way the Board can determine the number of hours
involved in covered signal work no pecuniary award of damages will be made.
AWARD
Claim sustained in accordance with the Findings.
Form I Award No. 35046
Page 3 Docket No. SG-35693
00-3-99-3-635
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) 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 25th day of October, 2000.