**Corrected**
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38074
Docket No. SG-36825
07-3-01-3-342
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:
Continuing claim on behalf of S. L. Johnson, C. W. Lynch, H. J.
Hunt, A. J. Jeff, K. J. Svejkovsky, and L. E. Reitz for payment of 64
hours each at the time and one-half rate. Account Carrier violated
the current Signalmen's Agreement, particularly the Scope Rule,
when on several dates in April and May of 2000, Carrier utilized
outside contractors to construct, install, test and inspect compressed
air plants at the Westward Classification Yard in North Platte,
Nebraska. Carrier also allowed employees from the electrical
department to perform electrical work on this project on April 27;
May 4, 10 and 19, 2000. This action deprived the Claimants of the
opportunity to perform this work. Carrier's File No. 1231541.
General Chairman's File No. Nscope-078. BRS File No. 11700-UP."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 38074
Page 2 Docket No. SG-36825
07-3-01-3-342
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.
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the International Brotherhood of Electrical
Workers was advised of the pendency of this dispute, but chose not to file a
Submission with the Board.
In this claim the Organization challenges the Carrier's use of a
manufacturer's representative to assist Signal Department employees with the
installation of a new type of compressor at the Westward Classification Yard, North
Platte, Nebraska.
The record reflects that although Signal Department personnel were present
and assisted with the challenged work, they were not qualified to perform the
installation at issue without help from retained non-covered subcontractors.
Accordingly, no loss of work opportunity by the Claimants is demonstrated.
Credible record evidence further demonstrates that the assistance of the
manufacturer's representatives was necessary to maintain the factory warranty on
the compressed air plants.
Beyond the foregoing, the electrical work challenged here, involving 480 volt
service, has never been accomplished by BRS-represented employees. Indeed, it
appears to be of a type expressly excluded from the reach of Scope Rule 3.
For the reasons stated above, the claim will be denied
AWARD
Claim denied.
Form 1 Award No. 38074
Page 3 Docket No. SG-36825
07-3-01-3-342
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 21st day of February 2007.