Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13354
Docket No. 13198
99-2-96-2-103
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman 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
subcontracted Carmen work to GE RaiICar in violation
of
the
October 5, 1993 Agreement, as amended and in particular
Appendixes 1 and 8, but not limited thereto.
2. That accordingly, the Meridian & Bigbee Railroad Company be
ordered to pay Carmen G. Frazier, E. Blanks, W. Brown and M.
Hinson thirty-two (32) hours each at the straight time rate for a
total
of
one hundred twenty-eight (128) 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.
Form 1 Award No. 13354
Page 2 Docket No. 13198
99-2-96-2-103
Parties to said dispute were given due notice of hearing thereon.
This claim protests Carrier's sending M&B boxcars 4177, 4294, 4211, 4201, 4297,
4299, 4168 to GE Rail Car on September 24, 1995 allegedly for various minor door
hardware repairs. While protesting a different incident, it raises the same issue, and
contains essentially the same on-property correspondence, as the claim considered by
this Board in Second Division Award 13353. Unfortunately for the Organization, it
suffers from the same evidentiary defects as found determinative in the prior case. We
adopt the reasoning in that case as applicable herein, and find that the Organization
failed to sustain its burden of proving that what was involved in this contracting was
merely running repairs rather than a major overhaul as asserted by Carrier.
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 20th day of January 1999.