Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13131
Docket No. 13002
97-2-95-2-24
The Second Division consisted of the regular members and in addition Referee
Marty E. Zusman when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
( Ohio Railway Company)
STATEMENT OF CLAIM:
"°I. That, in violation of the Employee Transfer Agreement (ETA)
and Rule 13 of the Working Agreement, but not limited thereto, CSXT
(former C&O Railway Co., the B&O Railroad Co. and the Western
Maryland Railway) arbitrarily and capriciously denied Machinists Smith
and Watson the right to exercise their seniority with CSXT to new
positions in CSXT's Richmond Roadway Equipment Repair Shop before
new people were hired off the street.
Machinists Smith and Watson are hereinafter referred to as the
Claimants.
2. That, accordingly, CSXT be ordered to give the Claimants a
position in the Richmond Shop as of the date the first former CSXT
Employee was allowed to establish a position in the Richmond Shop and
make them whole for any wages and benefits they lost due to CSXT's
denying them their rights under existing Agreements between CSXT and
the International Association of Machinists and Aerospace Workers,
hereinafter referred to as the Organization."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13131
Page 2 Docket No. 13002
97-2-95-2-24
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
The Organization alleges that the Carrier failed to comply with the Agreement
in hiring new employees off the street rather than providing Claimants their transfer
rights to positions in the Richmond Roadway Equipment Repair Shop at Richmond
Virginia. The Organization alleges that as furloughed Machinists the Claimants were
denied their rights under the Transfer Agreement. The Organization argues in its
Submission that the Claimants:
"...in addition to performing normal machinists duties ... operated and
maintained several different types of machines used in the overhaul of
wheel sets."
The Board studied all issues presently at bar. The Organization carries the
burden of proof to establish with sufficient probative evidence an Agreement violation.
This record includes a denial by the Carrier of "contractual" entitlement to the
Roadway Equipment Mechanic positions at Richmond. It includes a denial that the
Claimants had the r uired qualifications and understanding of hydraulic and electrical
systems. Nothing in this record or the Organization's statement, supra, suggests that
the Claimants had the requisite skills. The Carrier further asserted a practice of
selection based upon ability. Whatever the merit of the Carrier's statements, they were
not adequately rebutted by the Organization and stand before this Board as fact.
Accordingly, in this instant case, the Organization has not met its burden of proof.
Given the full state of this record, the claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 13131
Page 3 Docket No. 13002
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ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 10th day of June 1997.