NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21485
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Mechanical
Department employes instead of Bridge and Building Department employes to
assemble and install lockers in the Enginehouse Locker Room'at Pueblo,
Colorado on November 16, 17 and 21, 1974 (System File D-6-75/MW-4-75).
(2) The members of B&B Gang No. 6003 each be allowed pay at their
respective rates for an equal proportionate share of the total number of hours
expended by Mechanical Department employes in performing the work referred to
in Part (1) hereof.
OPINION OF BOARD: This dispute concerns the assembling and/or installing of
lockers in the Enginehouse Locker Room at Pueblo, Colorado,
which is alleged to be the work of Bridge and Building forces. The work in
question was performed by machinists who have indicated that the work is not
within the scope of their agreement.
Without considering the procedural question raised by Carrier, the
issue herein is whether or not the work in question should have been assigned
to Claimants. The only reference to the Agreement by Petitioner on the
property is the claim that the work is covered by the Scope Rule. The Scope
Rule of the applicable Agreement has been before this Board on numerous
occasions and has uniformly been termed a general rule (e.g. Awards 15221,
11+877, 14638, and 11831). The Board has held that in order to establish
rights to particular work under this Agreement and general rule, the
Organization must establish by probative evidence that
employer
covered
by the Agreement have in the past performed the disputed work to the exclusion
of all others. In this dispute the Organization has offered no evidence
whatever to support its contentions. Accordingly, the Claim mast be dismissed.
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 within the meaning of the Raiiway Labor
Act as approved June 21, 1931+;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That Petitioner has failed to meet its burden of proof.
Award Number 21479
Docket Number W-21485 Page 2
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1977.
f,.sm_i~`i~
i.