Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11504
SECOND DIVISION Docket No. 11075
88-2-85-2-210
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
{The Brotherhood Railway Carmen of the United States and
{ Canada
PARTIES TO DISPUTE: {
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That the Burlington Northern Railroad violated the terms of the
controlling agreement, specifically Rules 27, 83 and 98(c) when they engaged
and/or permitted Employees other than Carmen to perform inspecting duties at
Portland, Oregon Ramp 200.
2. That accordingly, the Burlington Northern Railroad be ordered
to compensate Portland Seniority District Carmen D. H. Reynolds and D. D.
Moore for One Thousand Five Hundred and Eighty Four Dollars ($1,584.00) and
additionally they be compensated One Hundred Five Dollars and Sixty Cents
($105.60) per each work day subsequent to the commencing date of February 3,
1984 and that said work be assigned to Carmen's 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 employees 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.
Claimants are employed as Carmen by Carrier in its Portland Seniority
District. On January 16, 1984, Carrier hired two persons, neither of whom is
affiliated with the Carmen's craft, to inspect highway trailers before loading;
on piggyback cars. The Organization thereafter filed a claim on Claimant's
behalf, challenging Carrier's use of employees other than Carmen to perform
this work.
This Board has reviewed the record in this case, and we find that
the Organization has not presented sufficient evidence to meet its burden of
proof. Therefore, the claim must be denied.
Form 1 Award No. 11504
Page 2 Docket No. 11075 VW
88-2-85-2-210
The Organization alleges that two employees were "hired off the
street" to perform work that is exclusively reserved for Carmen by contract
and past practice. The Carrier denies that such employees were hired. The
Organization has not presented any evidence of the alleged hiring, nor has it
sufficiently demonstrated that the work in question has exclusively been
performed by Carmen. The Carrier contends that Teamsters often perform the
inspection work.
As this Board has stated on numerous occasions in the past, the
burden of proof in these kinds of cases lies with the Organization. The
Organization has not met that burden, 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 ever - Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1988.
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