Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37097
Docket No. SG-36969
04-3-01-3-570
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 J. F. Valdez, F. H. Greene, R. W. Ashdown, and
C. S. Kangris for payment of 248 hours at the straight time-rate and
496 hours at the time and one-half rate. Account Carrier violated
the current Signalmen's Agreement, particularly the Scope Rule,
when it allowed outside contractors to install and monitor a slip-out
detector system at MP 341 on the Santa Barbara Subdivision.
Carrier's action deprived the Claimants of the opportunity to
perform this work. Carrier's File No. 1245878. General
Chairman's File No. W-SC-068. BRS File No. 11760-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.
Form 1 Award No. 37097
Page 2 Docket No. SG-36969
04-3-01-3-570
Parties to said dispute were given due notice of hearing thereon.
The Organization claims that for a period of 31 days the Carrier contracted
out work covered by the Scope Rule. The record indicates that the overwhelming
bulk of the work involved track maintenance. The only work that could be covered
by the Organization's Agreement was performed by one employee of the contractor
and took less than four hours. The contractor "installed and monitored a slip-out
detector." The Carrier agreed to pay $100.00, divided among the four Claimants
which will suitably resolve the dispute.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of July 2004.