THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: On April 9 and 12, 1965, Mr. James Leemon, who is employed as a truck painter by the Burlington Truck Lines, and who holds no seniority under the Agreement, performed the work of painting sixteen (16) overhead doors and the outside walls of the B. T. Garage at Berwyn, Illinois. The Carrier owns the B. T. Garage and is responsible for the maintenance (including the painting) of this building.
The claimants have established and hold seniority rights in their respective classification in Group 3 of the Bridge and Building Sub-department. During the period involved here, the claimants were regularly assigned to their respective positions in Lines East Paint Gang No. 3, and were available to perform the subject work.
Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
The General Chairman replied tc Carrier's letter of November 4, 1965 in his letter dated June 28, 1966 (Carrier's Exhibit No. 8), and advised simply that:
The schedule of rules agreement between the parties, effective September 1, 1949, and amendments thereto, including the August 21, 1954 Agreement, are by reference made a part of this submission.
OPINION OF BOARD: The claim is based on the allegation asserted by Brotherhood repeatedly on the property and its Statement of Facts in its Ex Porte Submission that "On April 9 and 12, 1965 (a person not covered by the Agreement) performed the work of painting (a building owned by the Carrier)". (Matter in parentheses is a digest of the text in the Ex Parte Submission.)
Carrier denied on the property that on those dates anyone did any painting on the building in question; the Employes presented no evidence to show that the painting did in fact take place, either on the days alleged or at any other relevant time. Thus, the Employes have failed to get their case off the ground.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;