Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11335
SECOND DIVISION Docket No. 10460-T
2-CMSTP&P-CM-'87
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul & Pacific Railroad Company
violated the provisions of the current Agreement, dated September 1, 1949, as
amended, Rules 32(a) and 85, when the Carrier assigned other than Carmen to
the work of checking for errors AAR billing repair cards, making corrections
as needed, numbering, batching and filing of these bills, also handling joint
inspections with the local authority.
2. That the Chicago, Milwaukee, St. Paul & Pacific Railroad Company
be ordered to make payment at the carman rate of pay, to the following named
carmen of the St. Paul car department who were available to do this work on
their rest days and/or on overtime from December 1, 1982, until such time as
the Carrier siezes (sic) to violate the current Agreement, the claimants are:
Eugene (Gene) Kampmann, A. Chilko, W. Heider, M. Burth and J. Franscone.
3. That the Chicago, Milwaukee, St. Paul & Pacific Railroad Company
be ordered to stop violating the current Agreement Rules 32(a) and 85 and
restore this position and duties back to a member of the Carmen craft.
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.
As third party in interest, the Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers, Station and Express Employes was advised
of the pendency of this case, but chose not to file a Submission with the
Division.
Form 1 Award No. 11335
Page 2 Docket No. 10460-T
2-CMSTP&P-CM-'87
The Organization's Claim appears to have been triggered by the Carrier furloughing a number of assigned Carmen effective December 1, 1982.
Following a furlough, the Organization asserts the Carrier assigned carmen's
duties to the clerical forces, thereby depriving the five Claimants herein of
an opportunity to do the work. The Organization views the Carrier's actions
as violating Rules 32(a) and 85 and particularly the following parts of the
Rules:
"Rule 32(a) None but mechanics or Apprentices
regularly assigned as such shall do regularly
assigned mechanics work.
Rule 85 Carmens work shall consist of . . . . .
. . . . ., and all other work generally recognized
as carmens work."
The Organization claims the Carmen's craft has performed the disputed
duties exclusively at St. Paul as well as other locations. The work in question involves the checking of repair bills, making corrections, numbering,
batching, and filing thereof, as well as the handling of joint car inspections.
Our reading of the record fails to disclose any basis upon which this
Board could hold that Rules 32(a) and 85 grant the disputed work to the Carmen. In the absence of specific Agreement language, the organization has the
burden of establishing by competent evidence that this work in question has by
practice been performed by Carmen on a system-wide basis. This holding is
based upon a prior identical claim involving the same parties. In Second
Division Award 10784, the Board found the Carrier:
"Established that the work in dispute has been
performed by clerks in the Milwaukee, Wisconsin,
Car Shops, the Milwaukee, Wisconsin, Davies Repair
Yard, the Ottuma, Iowa, Car Department, and by the
car foreman at the Nahant, Iowa, Car Department."
As in Second Division Award 10784, the record in this case clearly
shows the same evidence of non-exclusivity was established by the Carrier.
Accordingly, the Organization has failed to support its burden of proof by
probative evidence that the disputed work belongs to the Carmen on a
system-wide basis.
Form 1 Award No. 11335
Page 3 Docket No. 10460-T
2-CMSTP&P-CM-'87
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 16th day of September 1987.