Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8SECOND DIVISION Docket No. 858'_




( Brotherhood Railway Carmen of the United States
 Parties to Dispute: ( and Canada

Dispute: Claim of Employes:





        bulletin the positions of Bill Writers at Portsmouth, Ohio in order. ':h.,: Cayman employes will have an opportunity to bid such positions in ance with their seniority, as provided by the Agreement.


Findings:
The Second Division of the Adjustment Board, upon the whole record rind al'y -_:~a:..-~ evidence, finds that:

 The carrier or carriers and the employe or employes involved in this ci.z:,v,,~.p.:·. are respectively carrier and employe within the meaning of the Railway Labor 1e.<:C as approved June 21, 193+.

 This Division of the Adjustment Board has jurisdiction aver the dispu,,':e a::.r;,:e,v:: herein.

    Parties to said dispute waived right of appearance at hearing thereon.


On January 16, 1978 the Carrier filled three vacancies for AAR Bill t*.-~; .._.. on the Shop Track at Portsmouth, Ohio by appointing Carmen N. A. Hatten, D. 'r. Thompson and R. E. Pucket to these positions, without bulletining the po:>irl.r.::::=-, The organization contends that such was in violation of Rules 17 and 103 of the Agreement, and that it is also in violation of past practice. The Organizr t-:?.r_::~ summarizes its position in regard to Bill Writers as follows:

        1. They perform the same duties as car Inspectors which are the function: of inspecting cars, for the defective parts, that, have been repaired and making out reports.


    2. They are governed by the same rules of the same Agreement.


        3. They are . -:...°ered under the same Insurance Policies, such as Travel~.a:~s Dental hlaIrs, and Supplemental Sickness.

Form 1 Award No. 8831
 Page 2 Docket No. 882
 2-N&W-CM-'81

    4. They are covered under the same Dues Deduction Agreement.


        5. In the event a Bill Writer is brought up on charges by the Carrier, the Carman's Craft represents him.


        6. They receive the same rate of pay as Carmen or Carmen Welders, however, they are paid one-half (1/2) hour straight time for the noon hour.


        7. In the event their jabs are abolished, they kick any Carmen junior to them.


        8. They are furloughed in accordance with their Carmen Seniority, and recalled, in the same order.


        9. For many years they have been assigned their vacations in seniority order, with that of the Carmen.


        10. They scale back to carmen's positions, in the event they are not needed as Bill Writers.


The Carrier contends that the Board lacks authority to grant injunctive relief. The Carrier states that the Employes have failed to either allege or prove that they have the exclusive constractual right to the work of "Bill Writing" on a systemwide basis.

 The Employs contend that Bill Writing jobs require inspection of various cars _

 for the defective parts that have been repaired, then writing a bill for the Carrier's
 records on Carrier-owned cars and sometimes performing foreign billing for repairs
 that are made on cars from other Carriers.

 The Carrier's position is that Bill Writers are not covered under Rules. l7 and 103 of the Carrier's Agreement. It states that Bill Writers perform no inspections in connection with their duties -- that they do not determine if a car needs repairs. The Carrier states that a Bill Writer's function is to document repairs made to freight cars in standard AAR format; to maintain records of all cars repaired under program maintenance and prepare switch lists of all cars repaired. The Carrier states the primary function of the forms filled out by Bill Writers is to permit proper billing for the cost of repairs.

 It is unchallenged that the Carrier has treated the position of Bill Writer as a position not subject to the bulletin procedures of Rule 17 and not covered by Rule 103 for a period of time exceeding thirty years. And the record indicates that while a great majority of Bill Writers are Carmen, the work of Bill Writing has been and is presently performed by employes other than Carmen on all parts of the Carrier's system. '

 The burden of proof is on the Organization to prove all the elements of its case. We find that the term "inspecting" as used in Rule No. 103, Classification of Work is not clear and unambiguous contract language designed by the parties to encompass the work of a Bill Writer. The record indicates that Bill Writers do not determine if a car needs repairs. And, clearly if the parties intended to specifically include "Bill Writing" within the Carmen's Classification of Work
 Form 1 Award No. 8831
 Page 3 Docket No. 8582
 2-NSaa-CM-' 81

 Rule the parties would have simply added to the language "bill writing" to the work enumerated in Rule 103. This the parties did not do.

 If the parties intended that the work of "Bill Writing" should be covered under the Rule 103 language "all other work amerally recognized as carmen's work" then it is well settled by numerous awards of this Board that the burden of proof is on the Organization to show that Bill Writing is the exclusive work of the Carmen's craft on s system wide basis. That is, the Organization has the burden. of showing that a practice exists that Carmen exclusively perform the work of Bill Writing at all points covered by the Agreement in question. The Organization has not met the burden of proof in this regard, and we must deny this claim.

 The Organization states the position that the days of yesteryears are gone when Carmen did not have the proper education to perform "Bill Writing", whereas presently Carmen have the proper education and qualifications to perform Bill Writing. It is up to the Organization to negotiate with the Carrier a change in the language of the Agreement to reflect such changed circumstances. This Board's jurisdiction under Section 3 First (i) of the Railway Labor Act is limited to disputes concerning the interpretation and application of Agreement. Changes which add to, modify or amend the existing Agreement, regardless of merit, must be pursued under the procedures of Section 6 of the Railway Labor Act.

                        A W A R D


    Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest: Executive Secretary
 National Railroad Addustment Board

 BY GD~^~
      o~emarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 9th day of December, 1981.