Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11937
SECOND DIVISION Docket No. 11687
90-2-88-2-216
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That under the Agreement the Carrier violated the controlling
Agreement on September 8 and 9, 1987 and October 6, 1987, when they assigned
only one (1) Carman to a road trip and violated a longstanding practice at
Valdosta, Georgia when they failed to allow the senior Carmen to make a road
trip.
2. That accordingly, the Carrier be ordered to send two (2) men on
road trips as per Rule 145 and allow the senior Carman to make road trips.
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 matter concerns assignment of work to Carmen at Valdosta,
Georgia. The Organization maintains that a local Agreement has been in place
for a number of years whereby the senior employee desiring the work would be
given preference to repair cars on the road or away from the shop under Rule
145 reading:
"Rule 145. When necessary to repair cars on the road or
away from the shops carmen will be sent out to perform
such work. Two carmen or one carman and a student mechanic or one carman and an experienced helper will be
sent to perform such work as putting in couplers and
wheels and work of similar character."
Form 1 Award No. 11937
Page 2 Docket No. 11687
90-2-88-2-216
Carrier denied the Claim on the basis that no such local Agreement
was in existence, contending that historically seniority was only utilized to
determine bidding rights for specific job bulletins and to determine the sequence of furlough and recall, never having been utilized to determine daily
work assignments of specific mechanics.
Rule No. 145 does not mention seniority. If a local understanding or
Agreement was in place under which mechanics were selected on a seniority
basis for such work it is the responsibility of the Organization to establish
its existence and practices thereunder. This has not been done in this case.
All that is present here is unsupported allegation on the existence of a practice of effecting certain work assignments. Such allegations are not proof.
The Claim must be denied for lack of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 28th day of November 1990.
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