NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 26460
THIRD DIVISION Docket Number MW-26190
Martin F. Scheinman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Track
Department forces instead of Bridge and Building Department forces to redeck
the turntable at East St. Louis on October 10, 11 and 12, 1983 (System File
SSW-0-481/53-690).
(2) The claim as presented in a letter dated December 5, 1983 by
General Chairman R. L. Loch shall be allowed as presented because Regional
Engineer R. E. Cox did not give reasons for his declination thereof dated
December 12, 1983.
(3) As a consequence of either or both (1) and/or (2) above, B&B
Foreman L. V. Woolley and B&B Mechanics L. R. Seymour and V. D. Woolley shall
be allowed
'a total of 270 hours, to be divided
equally between the claimants."'
OPINION OF BOARD: The relevant facts of this Claim are not in dispute. Com
mencing on October 10, 1983, Carrier assigned ten Roadway
Track Department employes to renew the decking on the turntable at East St.
Louis, Illinois. As a result, the Organization filed this Claim. In it, the
Organization contended that Bridge and Building Department Forces should have
been used to redeck the turntable.
Carrier timely rejected the Claim. Upon the parties' failure to
resolve the dispute on the property, the matter was advanced to this Board for
adjudication.
The Organization points out that Article 6 of the Agreement clearly
establishes separate classes for the Roadway Track Department and the Bridge
and Building Department. In its view, work accruing to employes holding
seniority in the latter Department includes the redecking and repair of
turntables. As such, the Organization insists, Carrier violated the Agreement, when it assigned such
Track Department.
In addition, the Organization maintains that the Claim should be
sustained on procedural grounds, as well. It notes that Article 15, Section
1(a) requires Carrier to "give written notification to whoever filed the claim
of the reasons for such disallowance and if not so notified the claim will be
Award Number 26460 Page 2
Docket Number MW-26190
allowed as PRESENTED." In the Organization's view, Carrier's initial declination letter did not
that the Claim should be sustained on procedural grounds in addition to the
merits.
After carefully reviewing the record evidence, we are convinced that
the Claim must fail. This is so for a number of reasons. First, Carrier
answered the Organization's Claim within the sixty day time limit specified in
the Agreement. Carrier clearly rejected the Claim. The Organization was
fully apprised, on the property, of Carrier's position. In the future, however, Carrier would be wel
declining a Claim at the lowest level of appeal. Carrier's failure to do so
in this instance does not warrant sustaining the Claim.
On the merits, we are convinced the Claim must be denied. Nothing
in the record evidence suggests that Bridge and Building employes have repaired turntables to the ex
employes are responsible to maintain and repair "structures." At best, these
employes inspect machinery "installed on turntables." Under these circumstances, the Organization ha
the work in dispute belongs to Bridge and Building employes.
The Organization bears the burden of establishing a claimed right
to work (see Third Division Award Nos. 25870 and 24739). Thus, Carrier was
not barred from assigning the disputed work to Roadway Track Department employes. Accordingly, a
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.
Award Number 26460 Page 3
Docket Number MW-26190
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ,#,"D
er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of August 1987.