Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36582
Docket No. SG-36182
03-3-00-3-380
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen on the Union Pacific Railroad Company:
Claim on behalf of C. L. Ziegler for payment of three (3) hours and thirty
(30) minutes at the time and one-half rate, plus skill differential, account
Carrier violated the current Signalmen's Agreement, particularly the
Scope Rule, when it allowed a Carrier Officer to determine the cause of a
red aspect at Block Signal 3326 and clear the problem and deprived the
Claimant of the opportunity to perform this work. Carrier File No.
1190648. General Chairman's File No. 92014717. BRS File Case No.
11334-UP."
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.
Form 1 Award No. 36582
Page 2 Docket No. SG-36182
03-3-00-3-380
This claim is unique, not because of what is found in the case record, but rather
for what is _not found in the case record. NOWHERE do we find the date on which the
alleged Rule violation occurred. NO ONE ever identified the date on which the alleged
violation occurred. Even the Statement of Claim, supra, does not contain a reference
to a date of occurrence.
What is found in the case record is a situation in which a Management employee
intercepted a trouble call involving a red signal. While in the process of inspecting the
track, the Management employee found a broken rail. The Carrier's track forces were
utilized to repair/replace the broken rail. The Claimant bonded the repaired/replaced
rail during his regular tour of duty.
The Manager Track Maintenance was inspecting tracks. Such work is not
covered by the Signalmen's Scope Rule. Repairing broken rails is not covered by the
Signalmen's Scope Rule. Replacing bond wires is covered by the Signalmen's Scope
Rule and that work was performed by a Signalman - the Claimant in this case - during
his regular bulletined tour of duty.
No violation is found in this undated dispute. The claim is 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 16th day of June 2003.