NATIONAL RAILROAD ADJUSTi·MT BOARD
THIRD DIVISION Docket Plumber
NW-21586
Joseph A. Sickles, Referee
(Brotherhood of Vzintenance of day Employes
PARTIES TO DISFU'TE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATs SIT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when other than Water Service
Sub-department forces 'installed pipe, fittings and connections for soap
lines, water lines and steam lines at the South West Laundry Track' beginning on April
30, 1973
and continuing through May
4, 1973
(System
File MofW
152-784).
(2)
The Agreement was again violated when other than Water
Service Sub-department forces 'disconnected and installed steam and
water lines in the vicinity of the Fire Line on October
25, 1973·'
(System File MofW
152-788).
(3)
Because of the violation described in (1) above, Water
Service Employes David Gifford, Don Beaver, Jerry Beaver, Charles F.
Donehue and H. F. Martinez each be allowed
24
hours' pay at their respective straight-time rates.
(4)
Because of the violation described in
(2)
above, Water
Service Employes David Gifford, Don Beaver, Charles F. Donehue and
Hector Martinez each be allowed
12
hours' pay at their respective
straight-time rates."
OPINION OF BOARD: The Employees assert that Carrier deviated from
utilization of water service forces to insta11
pipe, fittings and connections for soap lines, water lines and steam
lines.
Carrier asserted, on the property, that all piping involved
in the dispute was on the "...shop side of the service valve originally
installed by the Water Service Department and was performed in accordance
with the past practice in connection therewith."
Award Number 21768 Page 2
Docket Number NIW-21586
It is unquestioned that in order to prevail in this type
of a dispute, the Employees must, as an ingredient of the burden of
proof, present to us substantive evidence to support all aspects of
the case. We have considered, in detail, all of the documents which
comprise the handling of the matter on the property. But, we are
still unable to ascertain, with any degree of certainty, the location
of the service line valve. Accordingly, we are unable to sustain the
claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and aL1 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 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 for failure of proof.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October 1977.