Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37063
Docket No. SG-36826
04-3-01-3-355
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 R. R. Siders, J. W. Braden, B. J. Ward, D. H.
Richey, M. J. McNace, J. G. Jensma, and J. J. Lizotte, for payment
of 32 hours each at the straight time rate. Account Carrier violated
the current Signalmen's Agreement, particularly the Scope Rule,
when it allowed outside forces to install `Automated Horn Systems'
and strobe lights to work in conjunction with the Highway Crossing
Warning Systems at two locations in Ames, Iowa on April 4 and 5,
2000. This action deprived the Claimants of the opportunity to
perform this work. Carrier's File No. 1234313. General
Chairman's File No. Nscope-077. BRS File Case No. 11631-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. 37063
Page 2 Docket No. SG-36826
04-3-01-3-355
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
This is not a case of first impression. A similar claim involving the same
parties and the same basic issues as are found in this case was decided by Third
Division Award 36339.
The reasoning, conclusions and citations of authority as set forth in Award
36339 are, by reference, incorporated herein and are dispositive of this 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 22nd day of June 2004.