Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37215
Docket No. SG-37153
04-3-02-3-90
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 B. C. Fritz for payment of 10 hours at the time
and one-half rate. Account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule, when on September 16,
2000, Carrier instructed the Manager of Signal Projects to pull a
scanner tape from the hot box detector located at MP 610.90 in
Bennett, CO. Carrier's action deprived the Claimant of the
opportunity to perform this work. Carrier's File No. 1247858.
General Chairman's File No. Nscope-121. BRS File Case No. 11766UP."
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. 37215
Page 2 Docket No. SG-37153
04-3-02-3-90
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 Scope Rule covers installing, testing, inspecting, maintaining, or
repairing Signal Department work. The record indicates that the Manager of
Signal Projects retrieved information for a derailed train only after the Claimant
turned the work down. There is no Rule violation. See Third Division Award
36553.
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.