Form 1 :._~.._y ~..__~<<~:~, i,i.~l;;~l~rsy
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award No.
730
SECOND DIVISION c:cket No.
7144-
2-D&TSL -P`a-'
r
7
The Second Division consisted
addition Referee Robert A.
of the regular members and in
Fxanden when award was rendered.
International Association of Machinists ~~-Aerospace Workers
Parties to Dispute:
( The Detroit and Toledo Shoe Line Railroad Company
Dispute: Claim of Employer:
1. That Machinist W. Schmidt be compensated eight !8) hours pay at the
prevailing Machinist rate of pay fox Machinist work performed by
other than Machinists.
The Carrier is in violation of Rule
34
of the controlling Agreement.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employe ox employer involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This matter involved repairs performed on a motor car by Maintenance of
Way employer. The Organization (Machinists) claim that this work was entirely
and exclusively within its classification of work rules; that there were
Machinists available to do the work; and that the Carrier erred wholly in
the assignment of this work to other employer.
The Organization objected to the introduction of new material which they
assert was not a part of discussion or correspondence on the property.
Limiting (as we must) our consideration to matters which were properly
raised while the dispute was under review on the property, we have held
repeatedly that where the asserted coverage of the classification of work rule
is general in nature, as seems to be the case here, the burden of proof is
on the Organization claiming the work to establish by substantial probative
evidence that the employer it represents have performed such work historically,
traditionally and exclusively. The Organization has not sustained that burden
of proof.
Form 1
Page 2
Award No. 7309
Docket No. 719+-T
2-D&TSL-MA-'77
On the property, as well as in the proceedings before this Board, Carrier
cited many reasons why this claim should be denied. Petitioner failed to
respond to many of these assertions which therefore must now be considered
factual. The Organization assumes the burden of proving an alledged violation;
arid in order to satisfy that burden it must present to the Board a factual
showing which demonstrates that a Carrier has taken action which is proscribed
by the Rules agreement. Without belaboring the point, we are unable to find
such a showing in the record.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
-. semaxie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July, 1977.