**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:


STATEMENT OF CLAIM:



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


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.




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.






      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.