Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38220
Docket No. SG-38173
07-3-04-3-90
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:
(CSX Transportation, Inc
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation, Inc. (formerly
Louisville & Nashville):
Claim on behalf of S. P. Skinner Jr. and R. M. Petty, for 5 hours
each at the overtime rate of pay, account Carrier violated the
current Signalman's Agreement, particularly Rule 1 (Scope), and
Rules 7, 17 and 18, when on November 30, 2002, track department
employees, who are not covered by the Signalmen's Agreement,
were used to install insulation in the #2 and #3 switch rods at North
Holts Corner, TN, instead of calling and using the Claimants to
perform the covered work. Carrier's File No. 15(03-0026). General
Chairman's File No. 03-178-20. BRS File Case No. 12761-L&N."
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.
Form 1 Award No. 38220
Page 2 Docket No. SG-38173
07-3-04-3-90
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 Brotherhood of Maintenance of Way
Employes Division - IBT Rail Conference was advised of the pendency of this
dispute and chose to file a Submission with the Board.
At issue is the replacement of fiber insulation for bolts attached to the No. 2
and No. 3 switch rods of the switch at North Molts Corner, Tennessee. The
Organization maintains that this represents work reserved to BRS-represented
employees. As in all claims of this nature, the burden of persuasion is on the
Organization to prove that the work concerned has, by the Agreement or by custom
and practice been reserved to BRS-represented employees.
A careful reading of the record indicates that the switch rods in question are
not connected to the signal system. There is no evidence in the record that the work
in dispute was ever reserved to the Organization. Specifically, there is no mention
of the work in the Scope Rule of the Agreement between the Organization and the
Carrier, nor is there any evidence that the work at issue was by tradition and
custom performed by BRS-represented employees. Thus, the Board finds that the
Organization has not satisfied its burden of proof in this matter, and the claim must
be denied.
AWARD
Claim denied.
Form I Award No. 38220
Page 3 Docket No. SG-38173
07-3-04-3-90
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, Minois, this 25th day of June 2007.