Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37389
Docket No. SG-37219
05-3-02-3-154
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:
(BNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe (BNSF):
Claim on behalf of Signal Gangs #28309, #28306, and #28204 for 156
hours plus skill differential to be divided equally between the
Claimants, account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule and Attachment 7, when it
used outside contractors to perform directional earth boring
beginning on November 28, 29 and 30, 2000, at Gainseville, Texas
and deprived the Claimants of the opportunity to perform this work.
Carrier's File No. 35-01-0019. General Chairman's File No. 01-026BNSF-121-T. BRS File Case No. 11935-BNSF."
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. 37389
Page 2 Docket No. SG-37219
05-3-02-3-154
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On the dates in question the Carrier utilized the services of an outside
contractor in conjunction with the installation of grade crossing protection systems
in Gainesville, Texas, rather than assigning the work to the Claimants, who were.
members of the Signal Gangs named in the claim. Beyond that fact however, the
parties disagree as to the extent of the work that the contractor did in fact perform.
In other words, the parties disagree whether the contractor performed only
directional boring or whether it engaged in other work as well. Moreover, the state
of the record is such that we are unable to resolve that dispute of fact. Because the
record is therefore deficient, we must find that the Organization failed to meet its
burden of proof and reject the claim.
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 24th day of February 2005.