Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11639
SECOND DIVISION Docket No. 11253-T
89-2-86-2-57
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM:
1. March 12, 1985, the Carrier's Foreman R. Cannon assigned Machinist J. S. Cromwell to replace the top and bottom radiator (water lines) hoses
on P.R.C. 247 in violation of Rules of the Agreement, particularly 33, 107 and
108.
2. Claim in behalf of Sheet Metal Worker J. L. Geeter for a four (4)
hour call.
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.
This claim arose after the Carrier assigned a Machinist to replace
the top and bottom radiator hoses on one of Carrier's pickup trucks.
Pursuant to Section 3, First (j) of the Railway Labor Act, as
amended, notice was given to the International Association of Machinists and
Aerospace Workers of this claim as a possible party of interest. That Organization filed a statement concerning this claim which is now a part of the
record.
In matters such as this, the burden is on the Organization to demonstrate that it is entitled to the work in question. In order to prevail,
there must be a showing of strong and conclusive evidence that it is entitled
to the work by specific rule language or by virtue of an exclusive system-wide
past practice. While we are not unmindful of the strong arguments made by they
Organization before us, we do not find the necessary evidence to support the
claim.
Form 1 Award No. 11639
Page 2 Docket No. 11253-T
89-2-86-2-57
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
fancy
J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of January 1989.-
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