Fogy 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 909+
SECOND DIVISION Docket No. 9162
2-ICG-SM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That the Illinois Central Gulf Railroad Company, Thursday, July
5,
1979, at 10:30 a.m., violated the current agreement, most flagrantly
Rules 1 and 28 (Rule 28, Section B, modified in the April 24, 1970
National Agreement, Article II, Force Reduction Rule) when they failed
to compensate Sheet Metal Workers C. E. Beal, T. F. Donaldson, H. D.
Davidson, L. J. Douglas, A. F. Hughes, L. F. Moore, J. J. Norton, R. J»
Reed, M. A. Sellers, and W. D. Stover, four and one-half hours each at
the straight time rate after instructing these employees to evacuate
Johnston Roundhouse and go to an area two miles away and listen to their
radio until conditions were safe to return.
2. That accordingly, the Illinois Central Gulf Railroad be ordered to
compensate Sheet Metal Workers C. E. Beal, T. F. Donaldson, H. D.
Davidson, L. J. Douglas, A. F. Hughes, L. F. Moore, J. J. Norton, R. J»
Reed, M. A. Sellers, and W. D. Stover at the rate of four and one-half
hours each at straight time rate.
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 brings this claim on behalf of ten sheet metal workers for
compensation arising out of the Carrier's alleged violation of Rule l and Article
II of the April 24,
1970
National Agreement. Due to a fire at a nearby chemical
company on July
5,
1979, the Memphis Police ordered the Carrier to evacuate
Johnston Roundhouse. The order to evacuate occurred after Claimants had completed
three and one-half hours of their scheduled shift. Each Claimant is seeking pay
for the remainder of his assigned July
5,
1979 shift.
There is a substantial dispute between the parties regarding the instructions
given Claimants at the time of the evacuation. The Organization asserts that
management told Claimants to leave the property and go to an area about two miles
gorm I Award No. 909+
page 2 Docket No. 9162
2-ICG-SM-182
away. Ostensibly, Claimants were directed to listen to their radios and to return
to work when they learned conditions were safe. The Carrier affirmatively alleges
that the Claimants, at the time of the evacuation, were expressly ordered to go
home for the day as company operations were temporarily discontinued due to the
fire.
There is insufficient evidence in the record to permit us to resolve the
crucial issue of fact concerning the content of the instructions given to
Claimants at the time of evacuation. We are presented with nothing gyre than
each party's bare assertions void of any supporting evidence. What the Claimants
were told at the time of the evacuation cuts directly to whether or not the Carrier
intended to suspend operations within the meaning of Article II.
The Organization retains the burden of praying its claim. Since the record
contains only the conflicting statements of each party on an essential issue of
fact, we are compelled to dismiss the claim for lack of proof. See Second Division
Awards No. 6856 (Twomey); No. 6579 (Lieberman) and No. 6467 (McGovern).
A W A R D
Claim dismissed.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest; Acting Executive Secretary
-00
National Railroad Adjustment Board
--
By .:
v r-~ ~~
~Z.
t~'-.
Rc~e~rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of May, 1982.