Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 132713
Docket No. 1323',1
98-2-96-2-141
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
( Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Chesapeake and Ohio Railway (sic) Company (CSX
Transportation, Inc., (hereinafter referred to as `carrier')violated
the controlling Shop Crafts Agreement specifically Rule 11 and 31,
when other than Carmen from Columbus, Ohio, Parsons Yard,
were utilized to rerail and repair two locomotives and three cars at
Washington Court [louse, Ohio, on September 17, 1995. When
Carmen from Parsons Yard were available. willing, and qualified
to perform this work.
2. Accordingly, the Carrier be instructed to pay carmen Paul T.
Barrett, ID #98736, Lowell R. Shirkey, Jr. ID #99418 (Hereinafter
referred to as 'claimant's') for seven (7) hours and twenty minutes
pay each at the applicable over time (sic) rate for said violation."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
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.
Form I Award No. 13278
Page 2 Docket No. 13231
98-2-96-2-141
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
A derailment occurred at Washington Court House, Ohio. The Carrier sent
Carmen from Cincinnati. Ohio, to assist in the rerailment project. The claim is on
behalf of two Carmen stationed at Columbus, Ohio. The Organization argues violation
of several Rules. The Carrier denies any violation. The Organization argues that there
exists an historical practice of using Columbus Carmen to work at Washington Court
(louse. The Carrier denies the existence of such a practice.
The Board finds that neither the Columbus nor the Cincinnati Carmen have
seniority rights extending to Washington Court House. The only argument that could
sustain the claim is overwhelming evidence to support the Organization's contention of
an historical past practice. When the Carrier denied the existence of a past practice, the
Organization was obligated to prove such a practice existed. This it has not done.
The Carrier, in this instance, violated no existing Rules; nor has the Organization
established a past practice which would support the claim.
WARD
Claim denied.
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 18th day of May 1998.