Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11444
SECOND DIVISION Docket No. 10922-T
88-2-84-2-423
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(Seaboard System Railroad Company
STATEMENT OF CLAIM:
1. That under the current and controlling agreement employees other
than service attendants were improperly used to perform the work of cleaning
and supplying diesel locomotive engines and cabooses, at Howell Yard, Seaboard
System Railroad, Atlanta, Georgia.
Name of Car Inspec. Equipment Cleaned
Claim in behalf of Date of Violation Performing Work or Supplied
C. L. Wix, Jr. 9/20/83 AL Pryor & MG Wilson Engine No. 4202
W. H. Pickens 9/21/83 AL Pryor & MG Wilson Engine No. 4202
G. H. Elsberry 9/24/83 M. G. Wilson Engine No. 4201
J. C. Credell 9/24/83 AL Pryor & MG Wilson Engine No. 2340
R. C. Shumpert 9/26/83 AL Pryor & MG Wilson Caboose No. 5740
J. F. Raines 9/26/83 AL Pryor & MG Wilson Caboose No. 4201
C. L. Wix, Jr. 9/28/83 AL Pryor & MG Wilson Engine No. 4201
J. C. Credell 9/28/83 AL Pryor & MG Wilson Engine No. 4594.
J. F. Raines 10/02/83 Steve Lancer Caboose No. 0911
R. C. Shumpert 10/02/83 Steve Lancer Caboose No. 0817
G. H. Elsberry 10/02/83 Steve Lancer Caboose No. 6465
C. L. Wix, Jr. 10/04/83 AL Pryor & MG Wilson Engine No. 420 ?'·
W. H. Pickens 10/04/83 AL Pryor & MG Wilson Engine No. 4209
R. H. Shumpert 10/04/83 AL Walker & DC White Caboose No. 572:3
J. F. Raines 10/04/83 AL Walker & DC White Engine No. 2758
G. H. Elsberry 10/04/83 AL Walker S DC White Caboose No. 1152
J. C. Credell 10/04/83 L. Martin & G. Bennett Caboose No.6209
J. C. Credell 10/04/83 AL Pryor & MG Wilson Engine No. 4205
W. H. Pickens 10/04/83 L. Martin & G. Bennett Caboose No. 0604
C. L. Wix. Jr. 10/04/83 L. Martin & G. Bennett Caboose No. 1092
G. H. Elsberry 10/05/83 AL Pryor & MG Wilson Caboose No. 61-35
J. F. Raines 10/06/83 Mark Hahn Engine No. 420-`i
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
Form 1 Award No. 11444
Page 2 Docket No. 10922-T
88-2-84-2-423
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 Railway Carmen of the
United States and Canada was advised of the pendency of this dispute and did
not file a Submission with the Division.
Under the date of October 25, 1983, the claims at issue were
submitted to the Carrier. Essentially, the Organization contends that, on
various dates in September and October 1983, the Carrier assigned work
reserved to its Craft to members of the Carmen's Craft.
With respect to the merits of the claim, we have carefully reviewed
and considered the record developed in this matter as well as the skillful
arguments presented by the organization's advocate before us. Certainly, the
events leading to this claim make the Claimants' concern and the claim itself
understandable. Nevertheless, in matters such as this, which mainly involve a
scope claim, the burden is upon the employees to establish the validity of
their assertions. The evidence shows that they have failed to sustain their
burden of proof. In this respect, while there are a number of issues and
various ramifications to this claim, we particularly note the Carrier's letter
of denial dated March 19, 1984. We conclude that the substantive portions, on
which the Carrier based its denial, have not been effectively rebutted on the
property. Therefore, we have no proper basis to sustain the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
At tes
4z4zow-jae
Dated at Chicago, Illinois, this 6th day of April 1988.