NATIONAL .jAII ADJCST`?':""I 30ARD
THIRD DIVISION Docket Number MW-20001
,;oseph a. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brother-
hood that:
(1) The Carrier violated the Agreement beginning on Hay 24,
1971 when it used other than track department employes from Section
14 to clean tracks and right-of-way on Section 14, Chicago, Illinois
(System File C-82-T-71/Case No. 781).
(2) Section Laborers M. Sledge (515386), W. J. Howell
(517128), C. Tapps (700278), R. L. Henderson (514942), R. Safford
(7506), L. Martin (16316), G. Chandler (19157), T. B. Zavala (19941),
T..
B. Woods (33074) and J. Miller (500088) each be allowed eight hours
straight-time pay for May 24, 25, 26, 27, 28, June 1, 2, 3, 4, 7, 8,
9, 10, 11, 14, 15, 16, 17, 18 and for each day subsequent there-to
on which other than track department employes are used for said cleaning work.
OPINION OF BOARD: The Organization alleges a violation of its Scope and
Force Reduction Rules, by Carrier's use of other than
track department employees to clean tracks and rights of way.
During the handling of the matter on the property, Carrier
consistently urged that the work here under consideration was not reserved exclusively to employees
The Scope Rule is general in nature. Under that circumstance, by virtue of numerous Awards of th
dealt with these same parties) the Claimant must show an exclusive performance of the work in questi
See, for example, Award 19903 (Bergman).
In ?ward 19429 (Blackwell) this Board considered a claim by
this Organization, on this same property, regarding an alleged agreement violation concerning track
Claimant had the burden of proof, which included a showing of exclusivity, and found that under the
Organization had not carried their burden.
Award Number 20186 Page 2
Docket Number MW-20001
We have thoroughly reviewed the record of this docket, and
we reach a similar conclusion. We are unable to state that the Organization has demonstrated an excl
Under these circumstances, we will dismiss the claim for failure of
proof.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes wit
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 be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division
ATTEST:
`~ O/~-"~,B,C
Executive Secretary
Dated at Chicago, Illinois, this 15th day of March
1974.
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