Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11338
SECOND DIVISION Docket No. 9921-I
2-NRPC-I-MA-'87
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Robert W. Roberts
Parties to Dispute:
(National Railroad Passenger Corporation
Dispute: Claim of Employes:
Entitlement to benefits under Appendix C2 on the grounds that I a
"dismissed employee" as defined under Article I (c) of the Appendix C2.
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.
The Claimant, Robert W. Roberts, was employed as a Machinist at the
Carrier's Fort Worth, Texas facility at the time this dispute arose. On December 7, 1981, the Claimant was displaced from his position by Mr. Glen
Mallott. On December 18, 1981, Claimant filed an application for benefits
under Section C-2 of the National Railroad Passenger Agreement, alleging that
he had been dismissed from his job because Mr. Mallott's job was eliminated,
due to the Carrier's decision to discontinue several trains.
The Carrier denied the Claim in February, 1982, stating that "you
were not adversely affected due to discontinuance of intercity rail passenger
service." The Claimant then submitted this Claim to the Board on May 21, 1982.
As a preliminary matter the Carrier initially asserted that this
Board lacks jurisdiction to decide the merits of this Claim. The jurisdictional objection is denied, as this Board has assumed jurisdiction in other
similar cases brought by individuals under this Agreement.
Under Article IX of the Agreement, the Carrier has the burden to
prove that factors other than a transaction affected the employe. Nevertheless, the Claimant has the initial burden to establish that his dismissal was
due to one of the reasons listed in the Agreement. Here the Claimant has
failed to do that, but has merely asserted that his dismissal was due to the
discontinuance of intercity rail passenger service.
Form 1 Award No. 11338
Page 2 Docket No. 9921-I
2-NRPC-I-MA-'87
In contrast, the Carrier has submitted documentation showing that the
Carrier's reason for abolishing Mr. Mallott's position was not related to the
discontinuance of any of the trains cited by the Claimant. Instead, Mr.
Mallot's services as a Train Rider were no longer needed because the training
services which composed his job were completed. Therefore the Claim must be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
`Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of September 1987.
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