Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37893
Docket No. SG-36744
06-3-01-3-318
The Third Division consisted of the regular members and in addition Referee
James E. Conway 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 D. E. Beck for payment of 12 hours at the
straight time rate. Account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule, when in January, February
and March, 2000 Carrier utilized field welders to remove bond wires
from live track circuits on the Claimant's assigned district. Carrier's
action deprived the Claimant of the opportunity to perform this
work. Carrier's File No. 12391506. General Chairman's File No.
Nscope-045. BRS File Case No. 11643-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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 37893
Page 2 Docket No. SG-36744
06-3-01-3-318
Parties to said dispute were given due notice of hearing thereon.
Although the facts differ slightly, this dispute essentially implicates the same
parries and issues as were involved in Third Division Award 37892, decided
concurrently, as well as by Third Division Award 37545. In both instances and for
the same reasons, the Carrier's position was upheld. The same result necessarily
obtains here.
The claim initially presents procedural arguments relating to dispatch and
receipt issues. The Board carefully reviewed the Organization's arguments and
finds them unpersuasive. With regard to the merits, the Organization contends that
in assigning BMWE-represented Welders to remove signal bond wires from track in
the process of converting it to welded rail the Carrier violates Scope Rule Note 3.
The critical terms of the Rule relied upon are:
"In changing or repairing rail, when bonds or track wires are
removed while rail is in the track, the work will be performed by
Signal Department employees. It is understood that the removal of
bonds or track wires after the rail is removed from track may be
performed by other than Signal Department employees."
As noted in the prior Awards cited and as well established by voluminous
arbitral precedent in the industry, the Rule cited requires Signal Department
employees to remove bonds when changing or repairing rail. Under the facts
presented, the BMWE-represented employees who removed rail bonds did so not in
connection with changing or repairing rail, but preliminary to welding rail together.
In those circumstances the dead bond wire was no longer needed in the signal
system.
We find no violation presented under Scope Rule Note 3 and deny the claim.
AWARD
Claim denied.
Form 1 Award No. 37893
Page 3 Docket No. SG-36744
06-3-01-3-318
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 22nd day of August 2006.