Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11852
SECOND DIVISION Docket No. 11614
90-2-88-2-96
The Second.Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM:
1. That the Illinois Central Gulf Railroad Company violated the
controlling agreement, and in particular Rules 501, 502, Article V of the
September 25, 1964 Agreement as amended by Article VI of the December 4, 1975
Agreement and as further amended by Article VI of the November 19, 1986
Agreement, when on December 9, 1985 it assigned carmen's work to trainmen at
Jackson, Tennessee causing the abolishment of four (4) carmen positions.
2. That the Illinois Central Gulf Railroad Company be required to
pay the four (4) claimants in seniority order out of the fourteen carmen
originally furloughed, eight (8) hours a day at the current rate of pay, five
days a week, plus all benefits afforded them under the present and controlling
agreement beginning January 19, 1987 and continuing until reestablishment of
car inspector jobs at Iselin yards in Jackson, Tennessee. Claimants in
seniority order are K. E. Smith, E. L. Wyatt, H. C. Mount and J. W. Turner.
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.
The complex development of the Claim at bar developed after Carrier
abolished fourteen (14) Carmen positions including the car inspector positions
disputed herein. In the continuance of this dispute it was alleged that Carrier violated the Agreement when it allowed employees foreign to the Agreement
to make air brake inspections, tests and perform air hose coupling. The Organization contends that sufficient work exists at the Iselin Yard at Jackson,
Tennessee, to require the employment of Carmen.
Form 1 Award No. 11852
Page 2 Docket No. 11614
90-2-88-2-96
The Carrier has denied the Claim arguing in part that this issue has
been previously decided by Public Law Board No. 3890, Award No. 1. By letters
dated August 3, and November 18, 1987, the Carrier further denied this Claim
arguing that the Organization failed to show the amount of Cayman's work being
performed by train crews or that there is sufficient work to require Carrier
to maintain said positions.
A review of the record fails to establish the necessary probative
evidence to support the Organization's Claim. There is, in fact, a total lack
of substantive evidence by which this Board could reach a conclusion of Carrier violation. The allegation is supported only with lists of outbound
trains and various assertions and evidence which does not constitute proof.
Considering the full record, the Board denies the Claim. Herein,
there is insufficient evidence presented by the Organization to sustain its
burden of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00
Attest:
Nancy J ~ er - Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1990.