Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13335
Docket No. 13060-T
98-2-95-2-83
The Second Division consisted
of
the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(International Association
of
Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Meridian & Bigbee Railroad Company
STATEMENT OF CLAIM:
"(1) That the Meridian & Bigbee Railroad Company improperly
assigned Machinist's work to other Craft employees in violation
of
the
October 5, 1993, Agreement, as amended and especially appendix 1, but
not limited thereto.
(2) That accordingly, the Meridian & Bigbee Railroad Company
be ordered to pay Machinists D. Peeples and G. Jackson eighty-eight (88)
hours each at the straight time rate, for a total
of
(176) hours at the
straight time rate."
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.
Parties to said dispute were given due notice
of
hearing thereon.
Form 1 Award No. 13335
Page 2 Docket No. 13060-T
98-2-95-2-83
As Third Party in Interest, the Brotherhood of Maintenance of Way Employes
was advised of the pendency of this dispute and chose to file a Submission with the
Board.
This case arose because the Organization claimed that on various dates in July
and August 1994, the Carrier assigned a Maintenance of Way employee to perform
maintenance and rebuilding work on a maintenance of way bridge crane. The
Organization states that the work performed was reserved to its craft pursuant to
Appendix 1 of its Collective Bargaining Agreement, dated October 5, 1993.
The Board has carefully examined the record in its entirety. However, the
material before the Board consisted largely of vague and conclusionary statements on
the part of both parties. We find no "evidence" of probative value to consider in
reaching a determination of this dispute. Therefore, we must dismiss the claim.
AWARD
Claim dismissed.
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 24th day of November 1998.