Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12416
SECOND DIVISION Docket No. 12324
92-2-91-2-175
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Chicago, Missouri and Western Railway
STATEMENT OF CLAIM:
1. That the Chicago, Missouri & Western Railway violated the terms
of our Agreement, particularly Rule 8, when they changed the headquarters
point of Carmen S. E. Loyd and failed to rebullet.in his position, and Rule 23
when they failed to pay him for using his personal vehicle when reporting to
the new location.
2. That, accordingly, the Chicago, Missouri & Western Railway be
ordered to compensate Carman S. E. Loyd four (4) hours per day at the overtime
rate for February 15, 16 and 17, 1989.
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.
A claim was filed by the Local Chairman of the Organization on
February 27, 1989, on grounds that the Carrier had violated Rules 8 and 23 of
the operant Agreement when it required the Claimant to change his headquarters
point on February 15-17, 1989, without proper bulletin.
The Rules at bar state, in pertinent part, the following:
"Rule 8(b)
When the established starting time of any regular
assignment is changed two (2) hours or more, or one
or both assigned rest days are changed, or the headquarters point is changed, the Carrier shall rebulletin the position."
Form 1
Page 2
Award No. 12416
Docket No. 12324
92-2-91-2-175
"Rule 23(b)
An employee willing and authorized by management to
use his automobile on Carrier business shall be paid
22 cents per mile."
The Carrier commenced operations in early 1987 as a regional railroad and in February of that year signed an Agreement with the Organization.
Shortly prior to starting operations, the Carrier issued Bulletin Number One
which listed headquarters points at East St. Louis, Illinois, and at four
other locations. The latter included Kansas City, Missouri; Venice and
Bloomington, Illinois; and Mexico, Missouri. In February 1988, the Claimant
was temporarily assigned to work the Repair Track at East St. Louis instead of
working the A Track where he had been working.
A review of the record shows that the Organization failed, as moving
party to this claim, to bear its burden of proof that the Claimant's headquarters point was changed on February 15-17, 1989. Such proof must be
supported by substantial evidence which has been defined, for arbitral purposes in this industry, as "such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion" (Consol. Ed. Co. vs Labor Board
305 U. S. 197, 229). The record before the Board shows that the Claimant had
simply been given different work assignments at the same headquarters point.
Therefore, Rule 8(b) was not violated, and Rule 23(b), a fortiori, is not
applicable. On basis of the record as a whole the claim cannot be sustained.
A W A R D
Claim denied.
-do -
Attest:
ncy J. ~ - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of September 1992.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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