The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
SYSTEM FEDERATION NO. 8, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C.1. O. (Carmen)
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS
EMPLOYES' STATEMENT OF FACTS: Carmen Harry Burrows and Joe Vasper, hereinafter referred to as the claimants, were employed by the Missouri-Kansas-Texas Railroad Company - Missouri-Kansas-Texas Railroad Company of Texas, hereinafter referred to as the carrier, at Franklin, Missouri, in car department.
On February 10, 1958, the carrier posted Bulletin No. 105, abolishing all carmen positions at this point effective February 13, 1958.
On July 8, 1958 two carmen from Parsons, Kansas seniority point, a distance of 197 miles arrived and went to work on Franklin, Missouri repair track. They worked eight (8) hours each at the straight time rate on each of the days July 8, 9 and 10, 1958. On July 11, 1958 they worked four (4) hours each at the straight time rate on this repair track, the following repairs were made by these two men:
At each of the above points discontinuance of the position or positions of carman was a permanent abolishment, and thereafter car repairs at those points have ben performed in emergency road service - the same as was done at Franklin, Missouri at the time the instant claim was presented, and is now being done.
The employes and organization have not shown a rule or provision in the controlling agreement which supports their claim. No rule or provision has been cited which perpetuates seniority of former employes at locations where repair facilities have been abolished and discontinued by the carrier, and the Carrier asserts without fear of successful contradiction that no such rule exists.
The employes and organization have not alleged and shown any rule or provision in the controlling agreement which requires the carrier to maintain any repair facility, or prohibits the carrier from abolishing such facilities and having car repairs thereafter performed in emergency road service when such action is deemed by management to be necessary or advisable.
The employes and organization have failed to establish a basis for a susstaining award, and have failed to sustain the burden of proof which is theirs. The carrier respectfully requests that the claim be denied.
Except as herein expressly admitted, the Missouri-Kansas-Texas Railroad Company and Missouri-Kansas-Texas Railroad Company of Texas, and each of them, deny each and every, all and singular, the allegations of the organization and employes in alleged unadjusted dispute, claim or grievance.
For each and all of the foregoing reasons, the Missouri-Kansas-Texas Railroad Company and Missouri-Kansas-Texas Railroad Company of Texas, and each of them, respectfully request the Second Division, National Railroad Adjustment Board, deny said claim, and grant said Railroad Companies, and each of them, such other relief to which they may be entitled.
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 invloved 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.
This case involves the same parties and presents the same issues as considered in Award 3818 and like award should follow here. 3819-6 664