The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when award was rendered.
SYSTEM FEDERATION NO. 26, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Carmen)
EMPLOYES STATEMENT OF FACTS: On September 9, 1961, the Central of Georgia Railway Company hereinafter referred to as the carrier, used Foreman Carey (C. K.) Williamson of Albany, Georgia, some 36 miles distant to repair a broken train line on CG 12584. Americus is an intermediate station, between Albany, Georgia and Macon, Georgia, and there are no carmen, or other shop craft mechanics, employed there, nor has there been in decades. Carman W. L. Wells, herinafter referred to as the Claimant, is regularly employed at Macon, Georgia, the main shop point, was first out on the overtime board for road trips, was able, willing and available to have made this road trip had he been called. This dispute has been handled with all officers of the carrier designated to handle such matters, including the highest designated officer of the carrier, all of whom have failed to make satisfactory adjustment.
POSITION OF EMPLOYES: It is the position of the employes that the carrier violated Rule 117, which reads:
THE BURDEN OF PROOF RESTS SQUARELY UPON THE PETITIONERS.
It is elementary that one charging a violation of the agreement, must prove the charge. Mere unsupported allegations do not constitute proof. On this point, see the following awards:
Also see Second Division Awards 3345, 3246, 3080, 2938, 2918, 2580, 2569, 2545, 2544, 2042, 1996, and others. Also see Third Division Awards 10324, 10201, 9963, 9961, 9783, 9788, 8838, 8768, 8430, 8172, 7964, 7908, 7861, 7584, 7226, 7200, 7199, 6964, and many others. To date, the organization has failed to prove that the agreement was violated.
In view of all the facts and circumstances shown by the carrier in this Ex Parte Submission, carrier respectfully requests the board to deny, in its entirety, this baseless claim. The claim clearly is not supported by any rule, interpretation, or practice.
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.
On September 9, 1961, the Carrier directed Working Foreman Carey Williamson, who was headquartered at Albany, Georgia, to make a 36 mile road trip to Americus, Georgia, to repair a broken train line on Freight Car CG 12584.
There are no Carmen employed at Americus or at Albany nor are there any Foremen employed at Americus.
The Organization contends that the work in question should have been assigned to the Claimant, Carman W. L. Wells, who is regularly employed at Macon, Georgia, which point is some 70 miles from Americus.
The Organization further contends that the Claimant "was able, willing and available to have made this road trip had he been called" and that the 4601-il 130
The Carrier's position is that "The work claimed has never belong exclusively to the Carmen . . ."; "that Working Foremen have performed the work "in question since at least as far back as 1939 at points where there were not mechanics employed; and that General Rule 30 of the controlling Labor Agreement supports the Carrier's position."
The Carrier further claims that Foreman Williamson has system seniority; and that train crews, carmen and working foremen have performed the work in question at points where no mechanics are employed.
General Rule 30 is the controlling rule in this case. Its simple and unambiguous language not only gives recognition to "special rules" in the Controlling Labor Agreement but also cites the exception under which the "Special rules" are not operative-as evidenced by the following language:
did not violate the controlling Labor Agreement and we must deny the Organization's claim.
We do not agree that Rule 30 is the controlling rule in this case. The exception under which the Special Rules "are not operative" is not applicable. Special Rule 117 is controlling.
The majority admits that "There are no Carmen employed at Americus. or at Albany nor are there any Foremen employed at Americus," yet upholds, the carrier in sending a foreman to perform the instant work in violation of Rule 117 which requires that "Carmen will be sent to inspect and repair cars, on line of road or away from shops . . :'