Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12474
SECOND DIVISION Docket No. 12054
92-2-90-2-208
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:
(CSX Transportation, Inc. (formerly the Chesapeake and
Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake and Ohio Railroad Company (CSX Transportation,
Inc.) (hereinafter referred to as "carrier") violated the provisions of Rule
158 of the Shop Crafts Agreement and Article VII of the December 4, 1975
National Agreement when on March 12, 1987 the carrier posted a notice abolishing all wrecking crew positions in Newport News, Virginia effective 7:00 a.m.,
March 13, 1987 in violation of the aforementioned Rule.
2. Accordingly, the members of the wreck crew are entitled to be
compensated for all monetary losses sustained by them as a result of the
carrier's utilization of outside contractors when the regular assigned wreck
crew at Newport News, Virginia is not used. Additionally, the carrier be
ordered to reestablish the twelve (12) regular assigned wreck crew positions
at Newport News, Virginia.
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 Claim involves the abolishment of several wrecking crew positions
at Newport News, Virginia, effective May 13, 1987. Carrier contends that the
wrecking derrick had been out of service for over two years before the positions were abolished, it was not ecomonically feasible to effect repairs to
the unit so it was scrapped in July 1987. Carrier points out that over the
years the size of the crew had been reduced through attrition and when the
equipment was scrapped the three remaining positions were eliminated.
Form 1 Award No. 12474
Page 2 Docket No. 12054
92-2-90-2-208
The positions constituting the wrecking crew at Newport News were
positions assigned to the wrecking derrick headquartered at that facility.
When the derrick was scrapped the need for wrecking positions no longer existed. Accordingly, unless otherwise restricted by the Agreement, Carrier was
free to abolish the assignments.
The Organization has the burden of proof in Claims of this type. It
has not cited a.Rule or practice which requires the Carrier to bulletin and
fill wrecking derrick positions when a wrecking derrick is no longer in service at a particular shop.
The Claim is without merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
__
ncy J er - Executive Secretary
Dated at Chicago, Illinois, this 4th day of November 1992.