C:\AWARDS\OUT\2-07893.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7893 SECOND DIVISION Docket No. 7715-T 2-MP-CM-'79

The Second Division consisted of the regular members and in addition Referee Abraham Weiss when award -was rendered.

( System Federation No. 2, Railway Employes'

( Department, A. F. of Z. - C. I. 0.

Parties to Dispute: ( (Carmen)

(

( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated Article V of the Agreement of September 25, 1964 and Article VI, Section (c), of the Agreement of January 12, 1976 when train crew was assigned to couple air hose and make initial terminal brake test on outbound train No. XIiT after this train had been removed

from Setegast train yard, Houston, Texas, to Pierce Siding in the Settegast train yard, Houston, Texas, November 8, 1976.

2. That the Missouri Pacific Railroad Company be ordered to compensate

Carman A. Zatopek in the amount of four (4) hours at the pro

rata rate account of the violation of November 8, 1976.

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.

The circumstances giving rise to this claim are as follows: On the date of the incident, Carrier made up a train at its Settegast Train Yard, Houston, Texas. The train was then moved to Pierce Siding. Petitioner charges that Pierce Siding is within the Settegast yard limits and that the work performed by the train crew in coupling air hose and making a brake inspection should have been performed by Carmen under Article V of the September 25, 1964 agreement, which reads: Form 1 Award No. 7893 Page 2 Docket No. 7715-T 2-MP-CM-`79

"Article V

In yards and terminals where carmen in the service of the

Carrier operating or servicing the trains are employed

and are on duty in the departure yards, coach yard, or

passenger terminal from which trains depart, such inspecting

and testing of air brakes and appurtenances on trains as is

required by the Carrier in the departure yard, coach yard, or

passenger terminal, and the related coupline of air, signal,

and steam hose incidental to such inspection, shall be

performed by the carraen."

Petitioner asserts that the train in question was moved from the Settegast train yard to Pierce Siding before it was given its initial brake inspection and air hose coupled. Instead., it is claimed, these two functions, which are reserved to carmen by Article V, were performed by the train crew.

Carrier, on the other hand, disputes these allegations, stating that:

1. Pierce Siding is not part of the Settegast Yard and no Carrier carmen are employed at this point. Moreover, Fierce Siding is not classified as a departure yard but an intermediate point and is serviced by the Houston Belt and Terminal Railroad. 2, The train was worked in Settegast Yards with yard air, and moved to Pierce Siding after being inspected, oiled and brakes checked by camen on duty. 3, After Carrier carmen made the inspection and air test, the train was taken to Pierce Siding where a caboose was added to the train. Article V, paragraph (b) of the September 25, 196+ agreement allows coupling of air hose between caboose and the last car of an outbound train to be performed by other than carmen. Operating crews have a right to make a service application of brakes. There is, as is apparent, a conflict in the positions of the parties. It is well settled that this Board does not resolve conflicts in evidence. It is also settled beyond question that the Petitioner has the burden of proving all the elements of its claim. Based on the record before us, we must find that Petitioner has failed to satisfy its burden of proof by a preponderance of substantial evidence. We are, therefore, required to deny this claim.

A W A R D

Claim denied. Form 1 Award No. 7893 Page 3 Docket No. 7715-T 2-MP-CM-'79 NATIONAL RAILROAD ADJUST= BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By _ ~ _-C coos arie I3rasch - Administrative Assistant Dated at`Chicago, Illinois, this 19th day of April, 1979.