Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 717
SECOND DIVISION Docket No. 732+-T
2-BNI-EW-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No.
7,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current working agreement the Burlington
Northern, Inc. did deliberately order members of another craft
at West Burlington, Iowa, to perform Electricians' work as defined
in our current working agreement.
2. That, accordingly, the Burlington Northern,Inc. be ordered to
compensate Claimants W. J. Luttenegger, R. F. McDonough and B. D.
Polling - Electricians at the Burlington Iowa Diesel Facility
eight
(8)
hours compensation at pro rata rates for each dary that
employees of the Carrier other than electricians, operate the
oscilloscope used to detect flaws in electric motors or generator
bearings. Claim to start with July 1, 1975 and continue until
adjusted.
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, 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.
Petitioner alleges that Carrier violated the Electrician's Agreement,
when other than an Electrician operated an oscilloscope on or about July 1,
1975, at Carrier's West Burlington, Iowa shops.
However, the record before us is devoid of any showing that the work
referred to above, was performed by other than Electricians on July 1, 1975.
Petitioner has the burden of proof on all essential aspects of its
claim and in the instant case, Petitioner has not sustained the required
burden of proof. Accordingly, this claim must be denied.
Form 1
Page 2
Award No. 71+17
Docket No. 732+-T
2-BNI-EW-'77 Maoe
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
se rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of December, 1977.