NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22997
Martin F. Scheinman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE
:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM
: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad
Company (former Texas & Pacific Railway Company):
On behalf of Electronic Technician L. D. Walker, Fort Worth, Texas,
for an additional payment of 24 hours at his straight time rate account
violation of the Scope of the Signalmen's Agreement applicable to the former
Texas & Pacific Railway when, on March 15, 16 and 17, 1978, the Electronic
Technician at Houston, who is covered by the Missouri Pacific Signalmen's
Agreement, repaired equipment removed from the signal system on the
territory located on the former T&P."
LCarrier file: K 315-163/
OPINION OF BOARD
: Effective October 15, 1976 a corporate merger of the
former Texas and Pacific Railroad Company (T&P) and
the former Missouri Pacific Railroad Company (MP) was consummated. As a
result of the merger the former railroads are now considered a single
system, however, the Signalmen's Agreements have not been consolidated
into one agreement applicable to the entire system.
Claimant, L. P. Walker, is a Signal Electronic Technician in
Fort Worth, Texas. He is covered by the T&P Agreement.
The Organization claims that Carrier violated the Agreement when
on March 1, 1978, it removed equipment from the signal system on the former
T&P and shipped it to the property of the former MP. At that site an
employe covered by the MP Agreement performed the repair. The crux of
the Employes argnmerz is that the work belonged to Claimant under the
Scope Rule of the T&P Agreement.
It is true, as Carrier argues, that the merger left but a single
corporate entity. However, the failure to as of yet consolidate agreements
means that from an operational standpoint two distinct contracts still exist.
Those agreements remain viable. The rights of employes under each agreement
must be enforced even though two carriers no longer exist.
Award Number 22949 Page 2
Docket Number SG-22997
Thus, if Claimant can establish his right to the work under the
terms of the T&P Agreement we will sustain the claim. Claimant must prove
his exclusive right to perform the work. That is, Claimant bears the
burden of proving exclusive jurisdiction over the work to the exclusion
of others. See Awards 13083, 13198 and 22761.
An analysis of the record indicates that Claimant has failed to
meet the burden of proof. In fact, Claimant's own letter admits that at
best he performed 95% of the repairs with the rest being returned to the
factory for repairs.
Therefore, given the fact that Claimant did not prove exclusivity
and that there is absolutely no showing that the work was transferred off
the property, we will dismiss the claim in its entirety.
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 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 Agreement was not violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of August 1980.