Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37219
Docket No. SG-37257
04-3-02-3-144
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 R. W. Shults, M. A. Duffee, and B. E. Lee, for 18
hours each at their respective straight time rates and continuing
until this dispute is resolved. Account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when it
purchased B1 relay racks from an outside vendor instead of
producing the racks in the Sedalia Signal Shop, depriving the
Claimants of the opportunity to perform this work. Carrier's File
No. 1258244. General Chairman's File No. S-SR, 5-12-144. BRS File
Case No. 11925-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 1 Award No. 37219
Page 2 Docket No. SG-37257
04-3-02-3-144
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 does not mention the fabrication of relay racks. See Third
Division Awards 21824, 28879, 29208, and 33472. The Organization has not
established that the purchase of BI relay racks violates the Scope Rule. The 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 28th day of September 2004.