Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37292
Docket No. SG-36951
04-3-01-3-553
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:
(The Burlington Northern and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe Railroad
Co. (former Burlington Northern Railroad):
Claim on behalf of D. E. Malone, M. J. Spah and C. C. McQueen for
60 hours at the straight time rate to be equally divided among the
Claimants. Account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule, when on July 18, 2000
Carrier used outside contractors to remove old cable and copper
wire from the pole line on the Brookfield Subdivision (MP 182.3 to
MP 183.5) in Avalon, Illinois. Carrier's action deprived the
Claimants of the opportunity to perform this work. Carrier's File
No. 34-00-0030. General Chairman's File No. C-27-2000. BRS File
Case No. 11751-BN)."
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. 37292
Page 2 Docket No. SG-36951
04-3-01-3-553
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 were assigned as Signal Foreman and Signal Maintainers
when, on the day in question the Carrier used an outside contractor to remove cable
and copper line that the contractor had purchased from the Carrier from an active
pole line.
The Organization and the Carrier made much argument whether the cable
and copper line in question were active and/or coming into contact with working
lines. In our view, however, this debate does not aid in resolving the claim. Rather,
the record reflects that the contractor had purchased the cable and copper line that
it was removing on an "as is, where is" basis and thus, the cable and copper line
were no longer the property of the Carrier. As such, and in accordance with other
Third Division precedent (see e.g., Awards 28488 and 28615) 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 17th day of November 2004.