Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11476
SECOND DIVISION Docket No. 11319-T
88-2-86-2-154
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
1. That the Duluth, Missabe and Iron Range Railroad Company violated
the terms of our current Agreement, in particular Rules 29 and 57.
2. That accordingly, the Duluth, Missabe and Iron Range Railroad
Company be ordered to compensate Proctor, Minnesota Cayman C. T. Leveille in
the amount of four (4) hours pay for his rate and class at the straight time
rate for August 15, 1985.
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 United Transportation Union was
advised of the pendency of this dispute and did file a Response with the
Division.
Claimant is employed as a carman by Carrier at its Proctor, Minnesota, facility. On August 15, 1985, a train returned to Proctor Yard after
making a delivery, and the train crew removed the "rear-end device" from the
last car. The Organization thereafter filed a claim on Claimant's behalf,
challenging Carrier's use of the train crew to perform this work.
Form 1 Award No. 11476
Page 2 Docket No. 11319-T
88-2-86-2-154
This Board has reviewed the evidence in this case, and we find that
the Organization has not presented sufficient evidence to meet its burden of
proof. The facts reveal that no craft has had the work involved exclusively
reserved to them. Although carmen have performed the work and are capable of
doing it, the Carrier has used other employees when the Carrier felt it was
efficient to do so. As we have stated in the past, in cases of this kind, the
Organization bears the burden of showing that its members have exclusively
performed the work on a systemwide basis in the past. That has not been
proven here and, 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. D - Executive Secretary
Dated at Chicago, Illinois, this 11th day of May 1988.
100