Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11645
SECOND DIVISION Docket No. 11318-T
89-2-86-2-131
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:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the current and controlling agreement when they improperly violated Rules 29, 53 and 103 of said
agreements when they improperly assigned AFE BBB Carpenter Crews to install
Ductile Iron Pipe, Class 50, and 10" (10 inch pipe) of ten (10) Gauge galvanized core metal pipe and catch basins, used for intertrack drainage, at
Lake Forest, Illinois Depot, on the Chicago and North Western North Line.
2. That accordingly Sheet Metal Workers' Carlos Blanco, William
Paulson and Joseph Land be compensated at the straight time rate for the total
amount of time paid to the B&B Capenters for performing Sheet Metal Workers'
work.
Also, that an accurate record be kept of any Carpenters being
assigned to the above mentioned work, so that the above named Claimants may
be further compensated for any continuing violations of this nature.
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 employer 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.
The Organization contends that the Carrier, in violation of its Scope
Rule, improperly assigned Carpenters to install ductile iron pipe on a drainage project.
Pursuant to Section 3, First (j) of the Railway Labor Act, as
amended, notice was given to the Maintenance of Way Employer of this claim
as a party in possible interest. That organization has filed a statement with
this Division, which is now a part of the record.
Form 1 Award No. 11645
Page 2 Docket No. 11318-T
89-2-86-2-131
The Carrier, in its rejection of the claim on the property, contended
that the Organization, in fact, did install the ductile iron pipe. In matters, such as this, the Organization bears the burden to substantiate its
claim. We find no evidence, such as a statement from its members, which
refutes the Carrier's statement that the work claimed was performed by the
Sheet Metal Workers assigned to the crew.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
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Nancy J
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- Executive Secretary
Dated at Chicago, Illinois, this 25th day of January 1989.