Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10886
SECOND DIVISION Docket No. 10599-T
2-B&O-CM-'86
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(The Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated the controlling agreement specifically,
Rule 144 1/2, when on the date of November 5, 1982, yard crew was allowed to
couple air hoses, Old West Bound Track, Haselton Yard, Youngstown Ohio, while
Carmen were employed and on duty.
2. That accordingly, Carrier be ordered to compensate claimant
herein for all monetary losses suffered as a result of such violation: Claimant E. Frank, two (2) hours and forty (40) minutes pay at the time and onehalf 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 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_
Claimant E. Frank is employed by the Carrier at Haselton Yard,
Youngstown, Ohio. The record shows that the parties are in agreement that on
November 5, 1982, during the 3 P.M. to 11 P.M. shift, a yard crew was switching cars from the #1 Track and in the process, the crew switched nine PLE
hoppers loaded with~coke to the West End of the Old West Bound Track. The
record further shows agreement that the yard crew, rather than the Carman,
coupled the air hoses on the nine cars.
Form 1 Award No. 10886
Page 2 Docket No. 10599-T
2-B&O-CM-'86
At this point, the record is less clear. The Organization asserts in
its Submission that in
addition to
coupling the cars, "the required air brake
test on these cars was performed by the train crew making the pick up on the
Old West Bound Track". The assertion that more than mere coupling is not
found in the initial Claim. However, the organization later made a broadened
assertion beyond coupling to include testing in its March 21, 1983 response to
the Carrier's initial denial of the Claim. The Carrier admits that the yard
crew coupled the cars, but throughout, the Carrier denies that the testing was
done by the yard crew, asserting that "the carmen on duty at Haselton Yard
made all necessary air tests. The UTU has declined to intervene as a Third
Party.
This is the same dispute addressed in our two previous Awards Nos.
10884 and 10885. concerning the Claim to the work by the Organization made
under Rule 144 1/2. As those Awards and the Awards cited therein hold, the
question is whether the work was incidental to the handling or movement of
cars in their own train so as to permit the yard crew to perform the work, or
whether the work was incidental to the mechanical inspection and testing of
air brakes and appurtenances on the train by Carmen thereby entitling the
Carmen to the claimed work.
Here, the record clearly establishes that the yard crew performed the
coupling function. Beyond that function, the record is unclear due to the
aforementioned conflicts. Aside from the conflict in the evidence between the
Carrier and the organization as to whether testing was performed by the yard
crew or the Carman, it is to be remembered that the Organization's own evidence is conflicting as to whether coupling or coupling and testing were performed by the yard crew. If the Organization had proved its Claim that "the
required air brake test on these cars was performed by the train crew" and
that the cars were "inspected and tested by the yard/train crew" to the degree
of making the work incidental to the Carman's mechanical inspection and
testing function, then we would sustain the Claim under the rationale found in
Second Division Award Nos. 8448 and 8602. However, the burden is on the Organization to prove its claim through probative and substantial evidence. Second
Division Award Nos. 6369 and 6603. Because of the conflicts in its own evidence discussed above, the Board believes that an examination of this record
clearly demonstrates that such burden has not been satisfactorily met.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy J.. evO - Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1986.