Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36241
Docket No. SG-35544
02-3-99-3-462
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe Railroad Co.
(former Burlington Northern Railroad):
Claim on behalf of L. W. Krouse, D. J. Richards, M. D. Anthony, L. R
Brethouwer, T. L. Jeffrey, M. E. Behm and D. J. Nordhues, for eight
hours each at their respective straight time rates, and K. E. Naslund, R
W. Bush, D. L. Alexander, M. A. Addis, R D. Simmons and J. D.
William
s, for 80 hours each at their respective straight time rates, account
Carrier violated the current Signalmen's Agreement, particularly Rules
1 and 2, when it used non-covered employees to install power operated
switch machines at Galesburg, Illinois and Lincoln, Nebraska, and
deprived the Claimants of the opportunity to perform this work. Carrier
File No. SIA 98-02-28-AA. General Chairman's File No. CD-3-98. BRS
File Case No. 10962-BN."
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.
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the Brotherhood of Maintenance of Way Employes
was advised of the pendency of this dispute, but chose not to file a Submission with the
Board.
Form 1 Award No. 36241
Page 2 Docket No. SG-35544
02-3-99-3-462
The two claims herein have been consolidated by agreement of the parties
because of the commonality of issues. Both claims challenge the Carrier's use of
Maintenance of Way forces to install some 32 solar powered, battery operated and
hydraulically actuated switch stands.
Upon careful review of the record, we find that the Carrier's assertion that the
devices were ". . . not part of, connected to or through a signal system . . ." was not
refuted by the Organization on the property. Given this fact, thus proven, we are
compelled to find that the work was not encompassed by the Scope Rule of the parties'
Agreement. The claims, therefore, must be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of September 2002.