(Advance copy. The usual printed copies will be sent later.)
orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD
Award No.
6359
SECOND DIVISION Docket No. 6207
2-SLSF-CM-'72
The Second Division consisted of the regular members and in
addition Referee Irving R. Shapiro when
award
was rendered.
( System Federation No:.22, Railway Employes'
(. Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes;
1. That under the current agreement Lead Car Inspector Kenneth F. Perrin
of Pittsburg, Kansas was denied the right to work on the seventh day
of his work week on May 11, Mail,, 25, June 1, June 8 and June 15, 1970
while officers of the Carrier performed the work which he should
have been allowed to pe--'form.
i
2. That accordingly the St. Louis-San Francisco Railway Company be ordered
to compensate the aforementioned Lead Car Inspector for eight hours
on each of the dates mentioned above, a total of forty hours at
double his pro rata rate plus six per cent (6,0) interest from the
( date the claim was submitted on June 25, 1970 until the date the
claim is paid.
Findings
The Second Division of the Adjustment Board, upon the whole record and I
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.
i.
Parties to said dispute waived right of appearance at hearing thereon.
We have before us a very confusing record.
The Petitioner's submission is replete with references to alleged violation's
of the Controlling Agreement on dates unrelated and unconnected
with its
claim.
i
The Carrier, in turn, while challenging the Organization claims that j
inspection work
i5
exclusively that of Carmen, proceeds to imply t1at it accepts
this view and denies that anyone other than a Carman did the inspections.
i
J
i'orm 1 Award No. 6365
Page 2 Docket No. 6207
2--SLSF-CM-' 72
The Petitiocer then states that if a Management employee "only visL;ally~,
examined freight cars to see if they needed to be cleaned and only inspected
loading and bracing of ammunition cars after loaded, then no dispute would exist'".
t~e are further sure that Petitioner would have no disagreement with the right
or
`·tanagement to check on the 4crk
or
the Carman, or to check equipment in the sub
division to ascertain work to be assigned to employees.
The Claimant alleged that Carrier's General Agent and Assistant Train
taster at Pittsburgh, Kansas "inspected empty freight cars for Class A explosive
ammunition loading...", on May 7_1, 1970 but offers nothing evidentiary to support
this charge. His complaint with reference to an inspection of a freight car
loaded with ammunition by the Assistant Train Master on May 25, 1970 falls of its
own weight in view of Petitioner's above quoted statement that this is not violative
of the Controlling Agreement.
Isis
allegation with reference to management inspections
of freigict cars is supported by a copy of what appears to be an assignment form,
which in no way indicates that it evolved from inspections.. it could readily
re
that tlip instructions to the Carman and cleaner resulted from information ;ecu'-ed
from other sources. There is nothing submitted whiclc attempts to support his
allegations concerning inspections on June 8 and for June 15, there is again only
an assignment sheet which interestingly enought orders the Claimant to irspect and
certify as ready for loading, a number of freight cars. Claimant was rcpt on the
property on the days in question and therefore could not claim to have seen the
alleged infractions. Nothing in the record shows that he secured his info-rmation
from anyone who saw the alleged work performed by the Assistant Train Master. Tho ~,
entire claim is based upon inferences drawn by the Claimant without: a -Shred of valid
objective information to support even the basis for a claim.
WEB
have held that in claims of this type, the burden is upon the ;'etitioner
to prove a violation by presentation of probative and substantial evidence. (Awards
5577, 5534, 57:8, 5738, 5891, 5952, 6032 and 6054). This reciuirement was not met
by the Petitioner herein.
A hi A R D
Claim denied.
NATIONAL RAILROAD ACc,I1JSTi1ENT BOARD
By Order of Second Division
Attest:~__,_.
Executive Secretary
Dated at Chicago, Illinois, this 26th day of September,, 1972.