Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37211
Docket No. SG-37823
04-3-03-3-187
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 G. C. Neely (3 claims), W. L. Duncan (1 claim),
R. W. Johnson 11 (2 claims) and G. E. Lego (1 claim). Each claim is
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 BMWE employees and
train crew employees to remove snow and ice from the power
operated switch points to clear the reported switch failures. The
violations occurred on January 6, 2002, at Backus, WV., January 7,
2002 at Gauley, WV., January 19, 2002 Kanawha Falls, WV.,
January 19, 2002, Backus WV., January 19, 2002, Sewell, WV.,
January 19, 2002, Backus, WV., and January 19, 2002, Pince, WV.,
on the Hinton District of the former C&O Railway. The Claims are
represented in BRS File: 02-44-CD; and Carrier File: 15-02(008400090). As a result of the violation the Claimants were
deprived of the opportunity to perform this work. Carrier's File No.
15-02-(0084 - 0090). General Chairman's File No. 02-44-CD. BRS
File Case No. 12633-C&O(CD)."
Form 1 Award No. 37211
Page 2 Docket No. SG-37823
04-3-03-3-187
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.
Parties to said dispute were given due notice of hearing thereon.
At all relevant times herein the Claimants were employed by the Carrier as
Signal Maintainers responsible for the maintenance of switches on the Carrier's
Hinton District. On various dates in January 2002, as set forth in the Statement of
Claim, the Carrier allowed BMWE-represented employees and members of train
crews represented by the UTU to remove snow and ice from switches that did not
respond to the Train Dispatcher's controls. The record reflects that the employees
who performed the work were already at the site and available to complete the
work.
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 employees to whom the
work was assigned were already at the site and available to perform the work in
question. 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.
Form 1 Award No. 37211
Page 3 Docket No. SG-37823
04-3-03-3-187
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.