Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9744
SECOND DIVISION Docket No. 9521
2-C&NW-CM-'83
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
PARTIES TO DISPUTE: ( and Canada
( Chicago and North Western Transportation Company
DISPUTE: CLAIM OF EMPLOYES:
1. The Chicago and North Western Transportation Company violated the
controlling agreement when it unjustly deprived Carman Casey Rennen:
of his contractual rights when it allowed other than Carmen to perform
carmen's work at Fond du Lac, Wisconsin on June 11 through June 18,
1980, while Rennert was laid off.
2. That the Chicago and North Western Transportation Company be ordered
to compensate Carman Casey Rennertfor six days at eight (8) hours per
day, (forty-eight hours pay) at pro rata rate (time and one-half), .in
accordance with Rules 17, 25, 28, 29, 53, and 124. This is a continuing
claim.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and a.11
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employes within the meaning of the Railway Labor
Act as approved June 21, 1934.
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 record in this case presents us with the same issue which was resolved
an Second Division Award No. 9742. See also Second Division Award No. 8146
(Dennis). However, there is a factual dispute in the record regarding exactly
when the Carrier abolished the mechanic-in-charge position at the Fond du Lac,
North Yard. The Organization asserts that the mechanic-in-charge impermissibly
performed carmen's duties from June 11, 1980. The Carrier alleges that Claimant
is not entitled to any compensation because the mechanic-in-charge position was
properly abolished on June 11, 1980.
While this Board recognizes that the organization bears the burden of
proving its claim, the record accummulated on the property reveals that the
Carrier failed to rebut the Organization's clear allegation that the mechanicin-charge position was eliminated on June 18, 1980. In addition, the notice of
abolishment has not been incorporated into the record. Therefore, we conclude
that the evidence supports the Organization's contention that the position was
not abolished until June 18, 1980.
Form 1 Award No. 9744
Page 2 Docket No. 9521
2-C&NW-CM-'83
For the reasons more fully set forth in Award No. 9742, Claimant is entitled
to forty-eight hours of pay at the straight time rate in effective from June
11, 1980 to June 18, 1980.
A W A R D
Claim sustained to the extent consistent with our Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: ,
Nancy .Aver - Executive Secretary
Dated at Chicago, Illinois, this 14th day of December, 1983