Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12011
SECOND DIVISION Docket No. 11844
91-2-89-2-138
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:
(CSX Transportation, Inc.
(Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM:
1. That the Louisville and Nashville Railroad Company (hereinafter
referred to as the Carrier) violated the controlling Agreement when they
assigned or allowed other than carnaen, namely trainmen and switchmen, to
perform the work of coupling, testing and inspecting air brakes, application
and removal of ground air on trains, and the application and removal of
end-of-train devices on trains in Hazard Yards at Hazard, Kentucky.
2. And consequently, Carrier should be ordered to additionally
compensate the first out available carman on the Hazard Yard miscellaneous
overtime board (hereinafter referred to as the Claimants) in the amount and
on the date listed below as a result of said violations:
(1) August 27, 1987 Second Shift 8 Hours Overtime
(2) August 28, 1987 Second Shift 8 Hours Overtime
(3) August 29, 1987 Second Shift 8 Hours Overtime
(4) August 29, 1987 Third Shift 8 Hours Overtime
(5) August 30, 1987 Second Shift 8 Hours Overtime
(6) September 2, 1987 Second Shift 8 Hours Overtime
(7) September 3, 1987 Second Shift $ Hours Overtime
(8) September S, 1987 Second Shift 8 Hours Overtime
(9) September 5, 1987 Third Shift 8 Hours Overtime
(10) September 6, 1987 Second Shift 8 Hours Overtime
(11) September 9, 1987 Second Shift 8 Hours Overtime
(12) September 10, 1987 Second Shift 8 Hours Overtime
(13) September 11, 1987 Second Shift $ hours Overtime
(14) September 12, 1987 Second Shift 8 Hours Overtime
(15) September 12, 1987 Third Shift 8 Hours Overtime
(16) September 13, 1987 Second Shift 8 Hours Overtime
(17) September 16, 1987 Second Shift 8 Hours Overtime
(18) September 17, 1987 Second Shift 8 Hours Overtime
(19) September 18, 1987 Second Shift 8 Hours Overtime
(20) September 19, 1987 Second Shift 8 Hours Overtime
(21) September 19, 1987 Third Shift 8 Hours Overtime
Form 1 Award No. 12011
Page 2 Docket No. 11844
91-2-89-2-138
(22) September 20, 1987 Second Shift 8 Hours Overtime
(23) September 23, 1987 Second Shift 8 Hours Overtime
(24) September 24, 1987 Second Shift 8 Hours Overtime
(25) September 25, 1987 Second Shift 8 Hours Overtime
(26) September 26, 1987 Second Shift 8 Hours Overtime
(27) September 26, 1987 Third Shift 8 Hours Overtime
(28) September 27, 1987 Second Shift 8 Hours Overtime
(29) October 3, 1987 Third Shift 8 Hours Overtime
(30) October 10, 1987 Third Shift 8 Hours Overtime
(31) October 17, 1987 Third Shift 8 Hours Overtime
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.
As Third Party in Interest, the United Transportation Union was
advised of the pendency of this dispute but chose not to file a response with
the Division.
The focus of the instant Claim is the alleged coupling of air hoses,
inspection and testing of air brakes, maintaining and removal of yard air from
cars, and application and removal of train devices by crafts other than Carmen. Throughout the handling on the property the Organization argues that Carrier blanked the third shift on Saturday night and the second shift Wednesday
through Sunday at Hazard, Kentucky and allowed trainmen to do Cayman's work.
Significantly, not only did the Carrier deny any violation, but it
challenged the Organization to produce specifics. Our review finds no evidence or record to support the Claim. The Organization did not provide any
probative evidence. This record includes factual data on the dates and shifts
that were blanked. Avoiding assertions and assumptions, we find no facts and
evidence demonstrating that any of the disputed work was ever performed.
There is not even a record of any train that ever departed Hazard Yards on the
disputed shifts or the cataloging of train numbers, times when certain work
was performed, and the individual employees of another craft that performed
the work.
The burden of proof rests with the moving party. In the case at bar,
the Organization has not met that burden. We are compelled to deny the Claim
for lack of proof.
Form 1 Award No. 12011
Page 3 Docket No. 11844
91-2-89-2-138
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~Ze-q-A
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 20th day of February 1991.