Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37020
Docket No. SG-37013
04-3-01-3-616
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn 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 D. H. Richey, M. J. McNace, and J. G. Jensma
for payment of 10 hours each at the straight time rate. Account
Carrier violated the current Signalmen's Agreement, particularly
the Scope Rule, when on August 15 and 16, 2000, Carrier allowed an
outside contractor (Kevin Ring Bulldozing) to haul and fill dirt and
level the fill to set foundations for a highway crossing signal warning
device at MP 309.2 on the Boone Subdivision in Iowa. Carrier's
action deprived the Claimants of the opportunity to perform this
work. Carrier's File No. 1247790. General Chairman's File No.
NSCOPE-111. BRS File Case No. 11770-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.
Form 1 Award No. 37020
Page 2 Docket No. SG-37013
04-3-01-3-616-
This Division
of
the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice
of
hearing thereon.
The Organization has not met its burden
of
establishing an exclusive practice
of
hauling and leveling fill dirt to set foundations for a highway crossing. See Third
Division Award 31990. The record indicates that the historic practice has been to
use other than signal employees for such work. It is apparent that the work in
question is not reserved to the Claimants by Rule or past practice. See Public Law
Board No. 4716, Award 33. Therefore, we must deny the claim.
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 18th day of May 2004.