Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11470
SECOND DIVISION Docket No. 11380-T
88-2-87-2-19
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
That the 3 Sheet Metal Workers, E. J. York, J. B. Zola and G. H.
Campbell, now furloughed at Stockton, California be recalled to fill 1 position
on the second shift, 1 position on the third shift, and 1 relief position
which formerly existed and which is hereby requested to be re-established at
Stockton to perform the work which was historically assigned to the Sheet
Metal Workers on these shifts prior to the furloughs on September 13 and 24,
1985. The 8 hours at claimants straight time rate is claimed for each claimant:
for each and every work day of claimants individual former assignments, until
the claim is satisfactorily settled and the violations is stopped.
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 Maintenance of Way
Employes was advised of the pendency of this dispute and did not file a
Submission with the Division.
The Organization asserts that the Carrier violated Rules 32 and 109
of the Agreement when it furloughed three Claimants and allowed other than
Sheet Metal Workers to perform Sheet Metal Work. It maintains that the work
of coupling and uncoupling specific air hoses, checking the operation of the
sanders, checking the locomotive toilets, and checking and adjusting the water
or coolant level in radiators was assigned to the Sheet Metal Workers Craft
and after furlough done by another Craft. Carrier's failure to show a
decrease in work load while eliminating positions and assigning said work to
others is a violation of the Agreement.
Form 1 Award No. 11470
Page 2 Docket No. 11380-7.'
88-2-87-2-19
Carrier denied all of the Organization's assertions. It maintains
that furloughs occurred as work decreased. The Carrier argues that none of
the disputed work was assigned exclusively to Sheet Metal Workers, nor has any
Sheet Metal Work been assigned to another Craft. It further notes that two of
the Claimants had voluntarily severed their employment with the Carrier and
that Claimants were being fully compensated and lost no wages. It denies any
Agreement right for a penalty payment as claimed by the Organization.
This Board concurs with the Carrier in the instant case. The Organization had the burden to demonstrate explicit language in the Agreement that
indicated said work belonged to Sheet Metal Workers, or that said work was
exclusively theirs by system wide practice. The Board finds neither. The
disputed work is not listed in the classification of work rule. Nowhere in
the record does the Organization demonstrate by probative evidence that the
work herein disputed belonged exclusively to its craft.
The Organization has failed to establish all of the necessary specifics of the claim. In addition to Organization's required showing that said
work belonged to its craft, there is no evidence to show when it was performed
by employees of another craft or the dates and specifics of the occurrence. A
careful review of the Rules finds no evidence developed on property to substantiate a violation. Even if a violation were found, which it most assuredly was not, the Board is not empowered to reestablish a position at Stockton
which is requested by the Claim (Second Division Award 11135). The instant
Claim must be denied for lack of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy .^ver - Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1988.