Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37913
Docket No. SG-37532
06-3-02-3-573

The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



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. 37913
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The Organization filed the foregoing claim on behalf of the Claimant on August 1, 2001. The Organization maintained that the Carrier violated the Agreement when it failed to assign the preparation of "Aspect Change Point" signs to the Claimant, but instead allowed an outside contractor to make and deliver them to the Carrier's Signal Shop on two different occasions. In particular, the Organization insisted that the Carrier had violated Scope Rule 12, Note 5. That portion of the Agreement reads as follows:




The Carrier denied the claim on September 25, 2001. In its denial, the Carrier asserted that the work at issue, the construction and painting of "Aspect Change Point" signs, had never been the work of Signal Shop personnel. Further, the Carrier contended that it purchased more than 50 types of signs from manufacturers, while the Signal Shop traditionally supplied only three types of signs - Control Point, Number Plate, and 1-800 Crossing signs.


In its appeal, the Organization noted that the Claimant maintained that he had made more than 4000 signs in the past two years and he believed that he supplied nearly all signs for the Signal Department. The Carrier responded by rejecting the Organization's inference that the work at issue was reserved to Signal

Form 1 Award No. 37913
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Department employees. It pointed out, in addition, that the Claimant had never made Aspect Change Point signs, nor had any other Signalman.


After a careful review of the record, the Board finds that the Organization has not carried its burden of persuasion in this matter. There is no evidence to suggest, despite the Claimant's protestations to the contrary, that the Signal Shop provided the Carrier with all or even most of the signs required by the Carrier. Nor is the work at issue found in the Scope Rule of the parties' Agreement. Accordingly, the Board finds no basis upon which to sustain the claim.








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.