Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37098
Docket No. SG-36981
04-3-01-3-563
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. R. Walker, L. M. Sorensen, S. C. Suhl, R. E.
Countryman, P. J. Hennessy, and C. D. Miller for payment of 140
hours at the straight time rate. Account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when on June
24, 2000, Carrier allowed an outside contractor (Science Application
Intl] Corp "SAIC") to install an AEI site at MP 364 on the Blair
Subdivision in Fremont, Nebraska. Carrier's action deprived the
Claimants of the opportunity to perform this work. Carrier's File
No. 1246449. General Chairman's File No. Nscope-101. BRS File
No. 11764-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 I Award No. 37098
Page 2 Docket No. SG-36981
04-3-01-3-563
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 Claimants are Signal Department employees, and the dispute developed
with the installation of an Automatic Equipment Identification (AEI) system on the
Blair Subdivision in Fremont, Nebraska. The record indicates that AEI sites are a
communication function that is not covered in the Scope Rule, and Signal
Department personnel do not have an exclusive right to the work. Past practice
supports this indication. The Organization has not met its burden of proof. This
claim must be 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 21st day of July 2004.