Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13305
Docket No. 13108
98-2-96-2-2
The Second Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"I. That the Louisville and Nashville Railroad Company, (now a part
of CSX Transportation) was in violation of G. E. McCutchen and A.
Leatherwood's contractual rights to perform all Carmen's work of
inspecting freight cars at Pensacola, FL. per Rule 29 and 104 of the
controlling agreement, when Carrier instructed and/or allowed
outsiders to this property from Baltimore (Curtis Bay) MD and
Detroit, MI to perform such work at Pensacola, FL on May I and
2, 1991.
2. Carrier should now be ordered to compensate claimants eight (8)
hours each at time and one-half rate of pay."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 13305
Page 2 Docket No. 13108
98-2-96-2-2
Parties to said dispute were given due notice of hearing thereon.
The claim at issue here was filed under date of May 15, 1991. It contends that the
Carrier improperly used two Carmen assigned to Baltimore and Detroit, respectively,
to perform car inspections at the Carrier's Pensacola, Florida, facility on May 1 and 2,
1991.
The Organization contends that because seniority is confined to the point at which
each Carman is employed, all work at a given point belongs to the Carmen on the
seniority roster at that point. Therefore, it asserts that the Claimants had the
contractual rights to perform the inspection work, not the two Carmen from the other
seniority districts noted above.
The Board carefully reviewed the record developed in this matter. On the basis
of this review, we find a major conflict with respect to the facts at issue, which
apparently caused the parties problems. These problems have been made worse because
of the time it has taken to process the claim (almost seven years). The Board finds that
the Local Chairman did not present any on-property substantive evidence of what work
was actually performed. Consequently, the Organization has not met its burden of
proof.
AWARD
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 6th day of August 1998.