THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
No. 393 left his switch list and waybills in the waybill box for the use of the conductor of No. 363 to pick up by as has been the practice in the past. The conductor of No. 393 had previously prepared the list when the cars were a part of his train and as has been customary when cars are set out at a station a list of the cars and waybills accompanying them are left in a waybill box at times when the agent or the station force is not on duty.
6. In both instances (Claim No. 1 and Claim No. 2) the switch list was prepared by the conductor setting the cars out at Port Barre. In the case covered by Claim No. 1 two lists were prepared because of cars destined to different points; however, the lists covered one set out and was prepared by the conductor of No. 895 for the convenience of the conductors of Nos. 392 and 393 who were to pick the cars up at Port Barre. In the case covered by Claim No. 2, only one list was prepared by the conductor of No. 393 on cars set out by him at Port Barre.
7. In the progression of both claims on the property, the Employes took the position that the preparation of switch lists for use of conductors to pick up by is work that is assigned exclusively to the agent. No rule was cited by the Employes to support such a contention, but rather a citation of Third Division Award 7590.
8. The Carrier denied the claims based on Carrier's contention that the preparation of switch lists is not work that is covered by the Scope of the Telegraphers' Agreement, nor had the Employes established such an exclusive right to perform this work by either custom or practice.
OPINION OF BOARD: On two occasions at the one-man station at Port Barre, Louisiana, a conductor of a train arriving when the agent-telegrapher was off duty prepared switch lists and left them in the waybill box for the use of other trains that would be coming through that station.
The Employes base their claim on the contention that all station work at a one-man station belongs to the agent-telegrapher who works there. They cite Award Nos. 7590 (Larkin), 6975 (Carter), Award No. 1 (Ray) of Special Board of Adjustment No. 506, and others.
They argue that the preparation of the switch lists in question was "station work' 'and thereby reserved to the agent-telegrapher.
The Carrier contends that all work at a one-man station is not necessarily reserved to the agent-telegrapher who works there. They contend that the custom and practice at the one-man station in Port Barre, Louisiana, has in fact been for conductors to prepare switch lists when the agent-telegrapher was not on duty.
The Employes have established by proof only that the switch lists in question were prepared by conductors of trains and not by the agent-telegrapher. There is no proof advanced that the work in question is that type of work known as "station work" at this particular station, although the theory of the claims depends upon such being established.
While the Employes may have assumed that this Board would take judicial notice that the preparation of switch lists is "station work," the Board cannot do so. The Carrier has challenged this characterization of the nature of
preparing switch lists at Port Barre, Louisiana when it asserted that it has long been the practice there for conductors to prepare these lists for the use of other trains that arrive and move cars before the agent-telegrapher comes back on duty.
The Employes have the burden of proving every element of their claims that is not accepted by the Carrier. For failure of proof, these claims must be dismissed.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and