The Second Division consisted of the regular members and in
addition Referee Donald F. McMahon when award was rendered.
SYSTEM FEDERATION NO. 29, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: On date of June 20, 1963, EJ&E 90186 and ART 27738 became derailed on the south end of lead track in Brooklyn Yard. Section Foreman Joe Logan and four members of his crew were called out to rerail these cars. They obtained rerailers, blocks and wedges, placed and secured them under the cars. No carmen were called.
On date of July 2, 1963, GM&O 8562 became derailed on the north end of Track No. 4 in Brooklyn Yard. Section Foreman Joe Logan and three members of his crew were called out to rerail this car. They obtained rerailers, blocks and wedges, placed and secured them under this car. No carmen were called.
On date of July 14, 1963, UP 102704 was derailed on the south end of Lead Track in Brooklyn Yard. Section Foreman Joe Logan and three members of his crew were called out to rerail this car. They obtained rerailers, blocks and wedges, placed and secured them under the car. No carmen were called.
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.
Claim are progressed here by the Organization on behalf of Carmen, when Carrier used other than Carmen to rerail cars on June 20, 1963, July 2, and July 14, 1963.
June 20, 1963, when rerailing cars on the south end of Lead Track in Brooklyn Yard, Section Foreman and four members of his crew were assigned to do the work. Work consisted of use of rerailers, blocks and wedges placed and secured under the cars. Carmen were not called by Carrier for this work. -On July 2, 1963 one car derailed on Track 4, Brooklyn Yard. Carrier called Section Foreman and 3 of his crew to perform the work of rerailing the car with the use of rerailers, blocks and wedges placed and secured under the car. Carmen were not called to perform the work. On July 14, 1963 one car was derailed on south end of the Lead Track in Brooklyn Yard. The Section Foreman and three members of his crew were used to perform the work of rerailing the car. No Carmen were called by Carrier.
Contention is made that Carmen claimants were available for call to perform the work.
The Organization relies on the provisions of Rules 29 and 148 to support their contentions.
Carrier denies it in any way violated any provisions of the Agreement between the parties as alleged.
After a thorough review of the record here before the Board, and the numerous Awards cited by the parties, we conclude that the Organization has failed to carry the burden of proof in its presentation here. Carrier did not violate the Agreement, and the Organization has presented no proof that claimants were entitled to the exclusive performance of the work here involved. Certainly the rules relied on give no comfort to the fact that the work performed belonged exclusively to Carman's craft, where in Carrier's judgment the work performed did not require the calling out of the Wrecking Crew, within Yard limits and no requirement is placed on Carrier under Rule 148, to use Carmen.
Award No. 4569, based on a claim on the property of this carrier, is similar to the situation and facts before us here, although a different Agreement was involved, the identical wording of the Rule involved there is the same as in the case here. The rule so involved is identified in the Award as Rule No. 509.