Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45650 Docket No. SG-48698
26-3-NRAB-00003-240316
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: (
(Union Pacific Railroad Company STATEMENT OF CLAIM:
“Claim on behalf of G. Motyka, S. Oney, R. Threadgill, M. Vannoy, C.
Wells for 30 hours at their respective over-time rates of pay; account Carrier violated the current Signalmen’s Agreement, particularly the Scope Rule, when, on July, 22, 2023, it was discovered Carrier permitted Contractors form Idaho and Sedalia Transportation Company to pre-wire and pre-build gate mechs for highway crossing warning system at Schweikhardt Street at M.P. 1.45 on the Houston Subdivision, causing a loss of work opportunity to the Claimants.”
FINDINGS:
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.
This dispute arose when Signalmen arrived at their work site and discovered that the Carrier had ordered a gate for that site with pre-built gate mechanisms, lights, and warning signals already installed. The Organization asserts that such work on gates is reserved exclusively to Signalmen under the Scope Agreement of the Parties’ Collective
Form 1 Award No. 45650
Page 2 Docket No. SG-48698
26-3-NRAB-00003-240316
Bargaining Agreement (CBA). In this case the work had been performed by the Carrier’s contractor, the Idaho and Sedalia Transportation Company. The Organization filed a claim on Claimants’ behalf on July 23, 2023. That claim was denied by the Carrier, and the matter was progressed in accordance with the Parties’ Agreement, after which it remained unresolved. It is properly before the Board for adjudication.
Except for the Claimants and the location involved, this case is on point with Award 45649, previously decided by this Board. For reasons set out at length, we find the instant claim without merit.
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 20th day of March 2026.