NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25621
Stanley L. Aiges, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Western Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, on each workday from
June 16, 1982 through July 23, 1982, both dates inclusive, it assigned and
used Track Department Laborers to assist Welders L. Gerhart and A. F. Irene
instead of recalling furloughed Welder Helpers R. Mason and M. L. Si;rental
(Carrier's File MofW 147-62).
(2) Welder Helpers R. Mason and M. L. Simental shall each be
allowed two hundred thirty-six (236) hours of pay at the welder helper's rate
because of the violation referred to in Part (1) hereof.
OPINION
OF BOARD: Between June 16, 1982, and July 23, 1982, the Carrier
assigned two Laborers from its Track Subdepartment to
accompany and assist two Welders from its Track Welding Subdepartment. The
Claimants contend that they should have been recalled to service from
furlough to perform the work assigned to the Laborers.
This is, at mot, a Scope Rule dispute. Awards of this Division
have frequently held that in order to prevail in such a dispute, the Organization bears the burden o
basis of a specific provision of the Agreement, or on the basis of an
exclusive system-wide practice. See Third Division Awards: 23211; 24853;
25136; 25177. indeed, the Organization's burden is heavier still when, as
here, the jurisdictional dispute centers upon Employes of the same Craft in
different classifications represented by the same organization. (See Award
Nos. 13083, 13198.)
The record reveals that the Laborers assigned to work with the
Welders during the period in question were used only as lookouts. They were
assigned to the Welders, in short, for safety reasons while the Welders
performed their normal duties. Welder Helpers may well perform such work.
But nothing in the Agreement establishes that lookout duties are reserved
exclusively to them. Nor does the record reflect a system-wide practice
reserving such work exclusively to them.
Under the circumstances, we must hold that the Organization has
failed to meet its burden of proof. The claim here, accordingly, must be
denied.
Award Number 25579 Page 2
Docket Number MW-25621
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 Enployes 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 denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1985.
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