Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 133711
Docket No. 13174
99-2-96-2-719
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 (District 19)
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"(1.) The Consolidated Rail Corporation violated the Rules
of
the
Controlling Agreement
of
May 1, 1979, and particularly Rule(s) 5F-1, Scope, Appendix °C', and past practice and customs.
(2.) Accordingly, the claimants are entitled to the remedy as requested.
Additional 8 hours pay for each claimant at their applicable straight
time hourly rate as requested in the three (3) claims submitted on
the property in their behalf: Claim Nos. 2347, 2356, and 2367. As
mutually agreed, these three (3) claims are being submitted for
adjudication as one."
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. 13370
Page 2 Docket No. 131741
99-2-96-2-78
Parties to said dispute were given due notice of hearing thereon.
In October 1993, the Organization submitted a total of three claims. The parties
agreed that the claims would be adjudicated as one claim.
The issue in this case is whether the Carrier violated the Scope of the parties"
Agreement by allowing leased trucks to be repaired at a garage not owned by the.
Carrier on September 16, 18 and 20, 1993.
The Organization contends the work belongs to the Machinist Craft and that the
Carrier was required to utilize members of the craft to perform the work.
Before addressing the merits, it is noted that a number of arguments and new
evidence has been presented by the parties in their Submission before the Board that
were either not raised or not presented on the property. It is a basic tenet of the
Railway Labor Act that the Board is unable to consider argument or evidence not joined
on the property. Accordingly, our consideration of this claim is limited to those issues
properly before us.
With respect to the voluminous on-the-property record, it is clear, in light of the.
complex and lengthy proceedings on the property, that the parties had difficulty
reconciling the relevant facts and issues. The Board finds itself in a somewhat similar
situation. There are key or controlling evidentiary conflicts which we are unable to
resolve at this level. Accordingly, we must dismiss the claim.
AWARD
Claim dismissed.
Form 1 Award No.
13370
Page
3
Docket No.
13174
99-2-96-2-78
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 March
1999.