Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27497
THIRD DIVISION Docket No. MW-26420
88-3-85-3-279
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned former Wood
Preserving Works employes instead of Welding Department Welder Helpers to perform clean-up work at t
June 18, 1984 (System files MW-84-79/418-83-A, MW-84-88/419-1-A and MW-84-87/419-2-A).
(2) As a consequence of the aforesaid violation, Welder Helpers G.L.
Scruggs, J. D. Graham and F. J. Then shall be compensated for all wage loss
suffered beginning on June 18, 1984."
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 employee 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.
As Third Party in Interest, the International Brotherhood of Firemen
& Oilers was advised of the pendency of this dispute and filed a Submission
with the Division.
The basic facts are not disputed. The Claimants have seniority as
welder helpers. On the dates that this dispute arose, the Claimants were on
furlough status as a result of force reduction. Beginning on June 18, 19 and
July 11, 1984, Wood Preserving Works employes, who hold seniority under the
Firemen and Oilers Agreement, were used by the Carrier to perform work such as
cleaning the area in and around the Rail Welding Plant at Englewood Yards.
The Organization contends, based on three affidavits, that the cleaning work involved here has c
helpers. The Carrier responds to the affidavits noting that the cleaning described in those three le
Form I Award No. 27497
Page 2 Docket No. MW-26420
88-3-85-3-279
in an area of the yard alongside the welding plant where rails were fabricated. It acknowledges
helpers, but not to the exclusion of others. Moreover, the welding plant no
longer fabricates those rails. It also notes that the General Chairman of the
Firemen and Oilers concurred with the Carrier's assertion that members of the
Firemen and Oilers craft have also performed the work in question. Thus, it
argues the Organization has failed to support its Claim.
It is the conclusion of the Board that, given the general nature of
the Scope Rule, in order for the Organization to prevail it would have to
establish its entitlement to the work in question by way of convincing evidence of an exclusive prac
in the.opinion of the Board, fails to meet this test. Accordingly, the Claim
must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.