Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11781
SECOND DIVISION Docket No. 11605-T
89-2-88-2-108
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Carmen/ A Division of TCU
PARTIES TO DISPUTE:
(The Louisville and Nashville Railroad Company (CSX)
STATEMENT OF CLAIM:
1. That the Louisville and Nashville Railroad Company, hereinafter referred to as the Carrier, violated the Agreement of November 19, 1986, particularly, but not limited to Article VI, and Rules 104 and 30(a) of the current
controlling Agreement, when they transferred the work of coupling, inspecting,
and testing of air brakes which had been historically performed by carmen to
others crafts, and consequently furloughed Bruceton, TN Carmen M. A. Swafford,
R. E. Hurt, B. Cary, J. H. Florence, L. 0. Foulks, T. N. Nance, C. E. Hudson,
W. A. Freeland and H. J. Stigall., hereinafter referred to as the Claimants.
2. And, consequently, the Carrier should be ordered to compensate
each of the Claimants for five (5) days per week commencing with the date of
their furloughs and continuing until that work is returned to carmen and Claimants are recalled to service, and to continue all of their employe benefits
connected to employment in effect for the same period of time as a result of
said violation.
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 disputes 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 not file a Submission with the
Division.
The Claim of the Organization is that Carrier violated the Agreement
when it shifted Carmen's work from Bruceton to be performed by train crews in
New Johnsonville, Milan and McKenzie. The Organization alleges that the coupling, testing, and inspection of air brakes has been moved to locations where
Carmen are not employed.
Form 1 Award No. 11781
Page 2 Docket No. 11605-T
89-2-88-2-108
There is no dispute in this record that Carrier reduced its operations at Bruceton. Carrier admits that it reduced switching at Bruceton which
resulted in less inspection work. Due to less work nine (9) Carmen were furloughed.
This Board has carefully reviewed the Organization's assertions and
the controlling Rules. This Claim must fail for lack of proof. The Carrier
clearly and unmistakably refuted the Organization's assertions. The Carrier
stated in pertinent part that:
'...
The work that was previously performed by
Carmen at Bruceton, is now being performed by
Carmen at Memphis and at Nashville
...
...no other craft is performing your work
at Bruceton. No other craft is performing your
work at New Johnsonville, Milan and McKenize .
...
Carmens work has not been shifted to
be performed by train crews as you state."
The burden of proof lies with the Organization. The record provides
no evidence beyond assertions by which we can resolve this conflict. As the
Carrier clearly rebutted the Organization's assertions and the Organization
came forth with absolutely no probative evidence to support its Claim, the
Claim must fail (Second Division Awards 11101, 6964, 7309). The Organization
has not met its burden of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
N~ ever - Executive Secretary
Dated at Chicago, Illinois, this 25th day of October 1989.