Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37209
Docket No. SG-37816
04-3-03-3-185
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM
:
"Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the CSX Transportation, Inc. (CSXT):
Claim on behalf of .I. M. King, for two hours and 40 minutes at the
time and one-half rate of pay, account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when it allowed a
track employee fromi BMVVE to remove snow and ice from the power
operated crossover switches at the east and west ends of Charleston
because they would not reverse. The violation occurred on January 20,
2002, and deprived the Claimant of the opportunity to perform this
work. Carrier's File No. 15-02-0096. General Chairman's File No. 0243-CD. BPS File Case No. 12632-C&O(CD)."
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. 37209
Page 2 Docket No. SG-37816
04-3-03-3-185
Parties to said dispute were given due notice of hearing thereon.
At all relevant times herein the Claimant was employed by the Carrier as a
Signal Maintainer responsible for the maintenance of switches at the East and West
Charleston location of the Carrier. On January 20, 2002 the Carrier assigned a
BMWE-represented employee to remove snow and ice from switches that did not
respond to power operated switching devices. The record reflects that the BMWErepresented employee was already in the yard cleaning snow and ice from switches
generally and in doing so was assigned to attend to the switches in question as well as
others.
The Organization contends that when removing snow and ice or other foreign
matter from switches is done for the purpose of ensuring the proper operation of
signals, that work accrues to employees represented by the Organization. Under
circumstances different from that of the instant case, we might find ourselves in
agreement with the Organization. However, the record clearly reflects that the work in
question in this case did not become necessary because snow and ice on the switches
caused a malfunction, but rather only because the BMWE-represented employee was
already in the yard performing such work on switches generally. Thus, we believe that
this case can be distinguished from that where a power failure had occurred and find
that the claim is without merit.
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 28th day of September 2004.