The Second Division consisted of the regular members and in
addition Referee Lloyd H. Bailer when the award was rendered.
SYSTEM FEDERATION NO. 26, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
EMPLOYES' STATEMENT OF FACTS: The Central of Georgia Railway Company, hereinafter referred to as the carrier, employs several traveling machinists which are designated as roadway mechanics whose regularly assigned bulletined duties are to make repairs to all roadway equipment such as motor cars, weed burners, tamping machines, power tools, etc., and other work assigned.
Machinists J. J. Connor and Machinist Helper Reedy Kellum, hereinafter referred to as claimants, are furloughed employes of the carrier, holding seniority in their respective class at Macon, Georgia, with the right, under the controlling agreement, to restoration to service and to perform the work in dispute.
The carrier also has a number of mechanical gangs in the Maintenance of Way Department and it is customary to assign one or more, roadway mechanics to each of these gangs to make such repairs and adjustments as can be made on the road without having to send this roadway equipment back to the shop for repairs.
Two of these roadway mechanics, Machinist E. G. Fields and M. H. Burden, were at the time in question working on other roadway equipment in the same gang, but were about 3 miles away.
The blades of the ballast regulator plow, a piece of roadway equipment, became worn to the extent they required building up by welding, and the carrier
The Board has heretofore held that such limitations have been placed upon it by law, and that it does not have authority to write new rules. See Third Division Awards Nos. 6828, 6007, 5864, 4439, 4435, 2491, and others. Carrier prays, therefore, that a denial award is clearly in order for this one reason, if for no other. Carrier so urges.
The burden of proof rests squarely upon the shoulders of the petitioners. See Second Division Awards Nos. 2042, 1996, and others. Also see Third Division Awards Nos. 7226, 7200, 7199, 6964, 6885, 6844, 6824, 6748, 6402, 6379, 6378, 6225, 5941, 5418, 2676, and others.
1. Third party notice has not been extended to the Brotherhood of Maintenance of Way Employes who have a genuine interest in this dispute.
2. There is no rule or rules to support the claim in the shop crafts' agreement.
3. The Brotherhood of Maintenance of Way Employes have a rule in their agreement covering certain repairs to roadway equipment.
4. Past practice most assuredly does not support the employes' position. Performance of the work by contract as well as by carrier's employes as outlined in detail in carrier's Exhibit A was in keeping with accepted past practice as shown by probative evidence. No labor organization has an exclusive right to perform all work on all roadway equipment.
5. The claim is in fact a request that the Board grant the machinists a new all-encompassing rule. That under such facts in the past this Board has correctly held it is without authority to grant new rules, and
6. Since the claim clearly is not supported by the current contract on this property, the Board should not do other than render a denial award.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
The agreement does not specify the work involved in the subject case. Repairs to roadway equipment often have been made by persons outside the agreement over a period of many years. We therefore must hold that employes in the machinist craft on this property do not have exclusive jurisdiction over the work here in dispute. 3389-13 454