NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21898

THIRD DI-VISION Docket Number ION-21587

Joseph A. Sickles, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

STATEMENT OF CLAMNf: Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when, on June 6, 7 and 8, 1973, other than Water Service Sub-department employes were used to repair an air conditioner unit at Sparks, Nevada (System File '6ofW 152-785).

(2) ZTater Service Mechanic A. Afydin be allowed twenty-four (24) hours' pay at his straight-tine rate account of the aforesaid violation.

OPINION OF BOARD: The Employes assert that on the claim dates, an
air cc.-.aitioner unit was repaired by Electrical
Department Employes, rather than Water Service Sub-department Employes.
The Organization contends that a historical separation of work between
the crafts results in electrical work on air conditioners being
performed by Electrical forces and all other work performed by Water
Service forces.

We have token into account the Parties' contentions regarding Rule hi '190, as well as their assertions concerning prior work performance. The scope clause before us is general in nature and consequently, it order to prevail, the Employes are required to prove,'to our satisfaction, a historical work custom, to the exclusion of others;-.on a.'systemwide basis. Our extensive review of the record fails to convince us that such a burden has been satisfied.

FINDINGS: The Third Division of the Acjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

Award Number 21898 Page 2

Docket Lumber :·W-21587

That the Carrier and the E-ployes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved Tune
_ That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

` Claim dismissed.

EATIORAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: Secretary

Dated at Chicago, Illinois, this 15th day of February 1978.

~',_C=I V' O

( MAR 0 71978

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