NATIONAL RAILROAD AnTUS'itfr~.IT BOARD
THIRD DIVISION Docket Number
CL-24249
Brotherhood of Railways Airline and Steamship Clerks,
Freight
Handlers,
Express and Station Flnployes
PARTIES 2b DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-94a2) that:
(a) That the Carrier violated and. continues to violate the General
Agreement when beginning on or about August
30, 1978,
it did without notice,
conference, or agreement, arbitrarily and unilaterally removed work from
the C&0 Pittsburgh District, Telephone Switchboard Operator Roster at
Pittsburgh, Pennsylvania and transferred such work to the C&0 Baltimore
District Switchboard Operator Roster at Baltimore, Maryland sad to certain
H&0 positions (contract and non-contract) at Pittsburgh, Pennsylvania, sad
(b) That each sad every employs whose position was abolished or
who was affected, as s result of these abolishments and who suffered loss
as a result of this arbitrary action of the Carrier shall be compensated for
any and all loss or adverse effect retroactive to the date on which the
violation occurred. Claim to continue until correction is made.
OPINION OF HOARD: The claim asserts a violation of the consolidation and
reorganization rule of the Agreement by resaon.of as alleged unilateral transfer of work from th
Switchboard Operator Boater.
The Carrier denies the allegations. It replies that it did abolish
the Pittsburgh switchboard positions nod did change work shifts, but dad not
transfer any part of the work of the abolished positions. It took that action
for reasons of economy,, it says, and not pursuant to any consolidation or reorganizations and it ev
by its action.
From our review of the record and after considering the arguments
made on the property and before this Board, we are unable to conclude that
there was in fact a transfer of work* Thus, we cannot find in this record
the proof necessary to support the factual allegation on which the claim is
based. In our view., the Organization's factual case has been built on no
more than unfounded assumption and surmise. The burden of substantiating the
allegations of the claim rests with the petitioner. Accordingly we must
deter the claim.
Award Number 2418 Page
2
Docket Number
CL-24249
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
sad all the evidence, finds sad holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively (terrier and Employes within the meaning of the Railway Iabcr
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 denied.
RATIONAL RAILROAD AWTJS24ENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secret&ry
National Railroad Adjustment Board
By
.i Rosemarie Brasch - Administrative Assistant
Dated at Chicago Illinois this 28th day of February
1983.
REeEII,-FD
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