Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9083
SECOND DIVISION Docket No.
8763-T
2-TRRAofStL-EW-'82
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute: ~ Terminal Railroad Association of St. Louis
Dispute: Claim of Employes:
1. That the Terminal Railroad Association of St. Louis violated Memorandum
Agreement dated July
16, 1953,
Article III of the September
25, 196+
Agreement, and Rules
85
and
86
of the April 1,
1945
controlling
agreement when Carrier assigned Machinist Helper Sam Ruelas to perform
electricians' work, Tuesday, February 20,
1979,
thus, depriving
Electrician Carl McKeown of his contractual rights under the Agreement.
2. That, accordingly, Carrier be ordered to compensate Electrician
Carl McKeown two hours and forty minutes (2'x+0") at time and one-half
for Tuesday, February 20,
1979·
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 Organization asserted that a Machinist Helper replaced a radio on an
engine on the claim date, and it asserts a violation of that portion of the
agreement
which specifies
that Electricians shall perform certain work with
reference to radio equipment.
The Carrier asserts that the Machinist Helper merely slipped a repaired
transceiver into a rack on the locomotive, and that he did not install a radio.
Moreover, the Carrier insists that said practice has been followed on the property
for years.
Simply stated, the Carrier asserts that the Employe performed no wiring, but
merely slid the component into a previously installed rack and tightened two
thumb screws, as well as connected two previously installed amphenol connectors.
As we have reviewed the record in this case, it is apparent that certain
factual questions were raised and discussed on the property as to the nature of
the work performed. Inasmuch as the Employes have the burden of establishing
Form 1
Page 2
Award No. 9083
Docket No. 8763-T
2-TRRAofStL-EW-'82
their case, we are inclined to deny the claim based solely upon the question of
burden of proof.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY _
rie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 19th day of May,
1982.