Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37914
Docket No. SG-37533
06-3-02-3-578

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, fords 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. 37914

Page 2 Docket No. SG-37533
06-3-02-3-578



On August 21, 2001, the Organization filed the above-referenced claim. The stated basis for the claim was the Carrier's alleged assignment of the removal of brush and . trees from a section of the Carrier's signal pole line on its Altoona Subdivision.


The Carrier denied the claim by letter of October 15, 2001. It maintained that there was no Scope Rule in the Agreement reserving the work at issue to Signalmen. In its October 29, 2001 appeal, the Organization quoted the first paragraph and Section 2 of the Scope Rule, which read as follows:




The Organization further noted that it was Signalmen who found brush and tree limbs touching open pole wires and, accordingly, it was not proper for the Carrier to then contract out that work when it was cited for the infraction by the FRA.


Despite the Organization's protestation to the contrary, there is nothing in either the Scope Rule, or in the historical past practice between the parties to suggest that brush removal (even if leaning up against what are apparently signal lines) is reserved exclusively to Signalmen. In its December 17, 2001 denial of the Organization's appeal, the Carrier asserted that brush cutting on the property had been done by Maintenance of Way forces and outside contractors. Nothing in the record contradicts the Carrier's position on this point.

Form 1 Award No. 37914
Page 3 Docket No. SG-37533
06-3-02-3-578









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.