NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-18531
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
( - Coast Lines -
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement and practices thereunder
when it assigned or otherwise permitted other than B&B forces to install
bumper blocks for overhead crane in Building iI205, San Bernardino, California.
(System File 130-234-32)
(2) B&B Mechanics H. L. Smith and Charles Johnson each be allowed
eight (8) hours' pay at their respective straight time rates because of the
aforesaid violation.
OPINION OF BOARD: In January 1968 Carrier assigned employees from its Shop
Extension Forces to move bumper blocks for a new crane
which they installed in Building No. 205 at San Bernardino, California. All
parties agree that the installation of the crane was work properly assigned
to the Shop Extension Forces. Claimants allege, however, that the bumper
blocks are not an integral part of the crane but are, instead, a part of the
building. Therefore they claim that the work of installing the blocks should
have been assigned to them.
Carrier at first thought so too. However, after an inspection by
supervisory personnel of the respective departments the assignment, in question
here, was made.
The Scope Rule in the Agreement between these parties has been
interpreted many times by this Board, in a manner adverse to the position
of claimants. In Award 19373 the Board said:
" .... the Board has rather consistently held that
under Scope rules, such as this one, which are general rather than specific in nature, the Organizat
assigned to employees of the class on an exclusive,
system-wide basis."
Award Number 19421 Page 2
Docket Number MW-18531
The Organization has made a general assertion that the work has
been performed by B&B employees in the past. That assertion has not been
supported by evidence and under a principle long recognized by this Board
is, therefore, of no affect. The claim must be dismissed top fallure pt proof.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and 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
That the Claim should be dismissed.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
C4 A~
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1972.