Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36626
Docket No. SG-36262
03-3-00-3-490
The Third Division consisted of the regular members and in addition Referee
Nancy F. Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Kansas City Southern Railroad (KCS):
Claim on behalf of L. D. Beisley, D. E. Bullington, B. J. Robertson, B.
Fletcher, L. J. Milligan, K. L. Miller, L. Pigeon, Jr., R. A. Shelton, G. D.
Taylor, G. L. Lansdale, P. W. Darity, R. E. Thomasson, F. D. West, and J.
E. Abbott for payment of 13.7 hours each at the time and one-half rate,
account Carrier violated the Current Signalmen's Agreement,
particularly the Scope and Classification Rules (Rules 1 and 2), when on
March 23, 24, 25 and 26, Carrier allowed Supervisory personnel to
perform the duties of the Signal Maintainers, and deprived the Claimants
of the opportunity to perform this work. This work consisted of field
testing of a new PC based computer system used to replace the GRS main
frame system for the centralized dispatching center in Shreveport, LA.
Carrier File No. K0699-5316. General Chairman's File No. 9902001.
BRS File Case No. 11278-KCS."
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.
Form 1 Award No. 36626
Page 2 Docket No. SG-36262
03-3-00-3-490
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
In a letter dated April 30, 1999, the Organization submitted a claim
contending that on March 23-26, 1999, the Carrier violated Rule 1 - Scope and Rule
2 - Classification when it allowed two Carrier officers (Signal Engineer V. A. Jones
and Manager Network Systems Coar4iuator D. T. Davis) to install and test PC
based computers at Shreveport, Louisiana. The Organization also alleged that the
Carrier had used field supervisors to assist Messrs. Jones and Davis, and that the
work performed by said field supervisors "was on each of the Claimant's assigned
territory." As a remedy, the Organization requested that the Carrier pay the
Claimants 13.7 hours each at the time and one-half rate as compensation for the
alleged loss of work opportunity.
The Carrier denied the claim maintaining that the installation of the new PC
based system did not actually take place until May 29, 1999. The Carrier further
maintained that the work performed by the supervisors was evaluation of the
software package, and asserted that the verification and development of the same
were not duties of Signal Maintainers.
In subsequent correspondence, the Organization alleged that the work in
dispute consisted of testing existing field equipment which is Scope covered work.
The Carrier again denied the appeal, asserting that the work in question was
"Supervisor's work."
This is a companion case to Third Division Award 36568. For the reasons set
forth in that Award, this claim is denied.
AWARD
Claim denied.
Form 1 Award No. 36626
Page 3 Docket No. SG-36262
03-3-00-3-490
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 29th day of July 2003.