Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 44083 Docket No. SG-45452
20-3-NRAB-00003-190222
The Third Division consisted of the regular members and in addition Referee Paul S. Betts when award was rendered.
(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (
(Union Pacific Railroad Company STATEMENT OF CLAIM:
“Claim on behalf of C. Askings, B.P. Butts, T.W. Christopherson, J.B.
Cole, R.L. Cole, C.L. Cupp, B. Duffin, T.D. Fordice, G.J. Fromm, J.M. Gallegos, L.R. Garcia, R.D. Garrison, Jr., A.J. Gonzales, E.D. Hill, R.M. Murray, R.Q. Norman, D.M. Norton, M.C. Ohman, R.J. Parker, G.N. Relethford, III, J.D. Sherry, R.H. Smith and V.C. Wilkerson, for each to be compensated for 12 and one-half hours at their respective overtime rates of pay; account Carrier violated the current Signalmen's Agreement, particularly the Scope Rule and Rule 65, when on September 9–16, 2017, it permitted a contractor, Rick Franklin Corporation, to remove damaged slide fence poles and wires, as well as install new slide fence poles used exclusively for the signal system, resulting in a loss of work opportunity for the Claimants.”
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.
Parties to said dispute were given due notice of hearing thereon.
In the instant claim, the Organization alleges that the Carrier permitted an outside contractor to remove slide fence wires/poles, and stand new poles on the Portland Subdivision on September 9 – 16, 2017, resulting in a loss of work opportunity for the Claimants.
In summary, the Organization argues a) the claimed work is covered under the Scope Rule of the Agreement and the Organization has historically and routinely performed the disputed work, and b) the Carrier’s arguments in support of its position are unsubstantiated.
In summary, the Carrier argues a) the removal of destroyed materials and vegetation is not scope-covered work and has never been reserved to the Organization’s members, b) the contactor did not dig holes for the slide fences as the Organization alleges, c) the Carrier did not possess the specialized equipment needed to set the slide fence poles, d) the Carrier possesses greater Agreement latitude in emergency events, e) the Organization raised a jurisdictional dispute and therefore bears a greater burden to prove its case, f) the Organization failed to satisfy its burden, and g) the remedy sought is excessive and creates a windfall gain for the Claimants.
Central to the resolution of the instant case is the Board’s determination as to whether an emergency existed which impacted Carrier operations. Although the Organization argues that an emergency did not exist, the Board respectfully disagrees. Evidence provided by both the Carrier and the Organization were indicative that an emergency existed requiring immediate attention. Wildfires in the vicinity had caused damage to Carrier equipment and material, which resulted in train delays, thereby impacting Carrier operations.
Boards of Arbitration have granted the Carrier broader latitude in the assignment of work under emergency conditions. [See Third Division Awards 20527, 41502, 31825] Such is the case here. In the instant case, the Board finds the Carrier’s actions justifiable given the emergency conditions noted above. As a result, the claim must be denied.
Although the Board may not have repeated every item of documentary evidence, nor all the arguments presented, we have considered all the relevant evidence and arguments presented in rendering this Award.
Claim denied.
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 11th day of August 2020.