Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26831
THIRD DIVISION Docket No. MW-26590
88-3-85-3-331
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned and/or
permitted an Operating Department employe (brakeman) to clean the scale at
Proctor, Minnesota on June 25, 1984.
(2) As a consequence of the aforesaid violation, B&B Mechanic
J. Cardinal shall be allowed one (1) hour of pay at his straight time rate."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Carrier transports processed iron ore. The ore trains are
weighed at Proctor, just north of Duluth. The weighing process commonly
causes a certain amount of spillage. On June 25, 1984, the Carrier had a
Brakeman sweep iron ore pellets from the deck of the commercial scale in the
Proctor Yard. The Organization argues the Proctor commercial scale is the
type of structure contemplated by Rule 26(c). The organization notes the
Carrier has readily admitted that "B&B forces are dispatched on a regular
basis to clean and maintain the scales." Therefore, the Organization argues
the work is reserved to the B&B forces and Carrier's actions on June 25, 1984,
were in violation of the Agreement.
The Carrier argues there is no explicit rule which confers the work
of sweeping the commercial scale to the B&B craft. Accordingly, the Carrier
contends the burden is upon the Organization to establish it has exclusively
swept work areas of debris throughout the Carrier's system.
Form 1 Award No. 26831
Page 2 Docket No. MW-26590
88-3-85-3-331
This Board agrees with the Carrier's argument, and we find the record
establishes the Organization has not proven it performs the work in question
exclusively and system-wide.
The Divisions of the National Railroad Adjustment Board have uniformly held that, unless particu
Agreement language as reserved to a single craft, the organization laying
claim to work has the burden of proving the work involved belongs to it by
custom and practice on a system-wide basis. In this matter, the Organization
has failed to meet this burden of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
00
;PF
Attest:
Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.