The Second Division consisted of the regular members and in addition Referee John C. Fletcher when awarded was rendered.
As Third Party in Interest the International Brotherhood of Firemen and Oilers was given notice of the pendency of this dispute and it filed a Submission with the Division.
Sometime in 1985 Carrier acquired a truck to transport traction motors within the North Little Rock Jenks Locomotive Facility. Machinists were trained in the operation of the truck., and from time to time positions were bulletined under the Machinist's Agreement with the assigned duties of:
"TS-M-138, Load & Unload Traction Motors, Drive Traction Motor Truck & O.D. Truck Shop (Jenks).
The Organization contends that since the acquisition of the truck its operation and the loading and unloading of traction motors was exclusively performed by members of its Craft at the Jenks facility.
On July 20, 1991, Carrier reassigned the operation of the Traction Motor Truck to members of the Laborer's Craft. The Organization filed the instant claim contending that this reassignment of work was a violation of its Agreement.
Carrier defends against the claim on a variety of grounds. First, it contends that the operation of the truck has not been done exclusively by Machinists. Second it argues that the Organization has not satisfied its burden of proof in this matter. Third it notes that the work of operating a truck is not listed among the Organization's classification of Work Rule. And, fourth, it contends that the amount of reparations claimed is excessive.
The Board finds in this record that the Organization has indeed established that its members exclusively performed all of the work connected with the operation of the Traction Motor Truck at the Jenks shop, as well as the associated work of loading and unloading traction motors. The tasks were specifically assigned to Machinist's by bulletin. Further, the Organization has submitted seventeen statements from employees in the Shop, positively stating that this work has been performed exclusively by Machinists since the truck was acquired new in 1985. The only thing offerd by Carrier in contradiction of this evidence is a statement of denial that the work is not exclusive to any one craft. Carrier's statement is not supported in an fashion, with any evidence whatsoever. Accordingly, it does not overcome the evidence offered by the Organization. The Board, therefore must credit the evidence of the Organization. Form 1 Award No. 12789
The Claim has merit. It will be sustained for eight hours pay for each date that a Laborer operated the Traction Motor Truck:, subsequent to July 20, 1991.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date this award is transmitted to the parties.