Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27976
THIRD DIVISION Docket No. SG-27023
89-3-86-3-65
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Pere Marquette District)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Chesapeake 6 Ohio
Railway Co. (C60 PM):
(a) Carrier violated and continues to violate the parties' Schedule
Signal Agreement, particularly Scope Rule 1 when it issued Communication
Bulletin No. MC-32-84 dated November 30, 1984 amending the assigned territory
of Communication and Signal (C&S) Force 1816 headquartered at Marlette,
Michigan to include Signal work within limits of recently acquired Port Huron
and Detroit Railroad Company (PH&D) effective December 15, 1984 when such work
exclusively accrues to Carrier's Signal employees.
(b) Carrier now be required to pay Signal Maintainers working
independently R. J. Smith and R. M. Dean at their applicable rate of pay for
all work assigned and/or permitted to be performed by Communication employees
who are not covered by the parties' Signal Agreement, such work to be divided
equally between the two Claimants. Inasmuch as this is a continuing violation, said claim to be retr
such time as Carrier takes necessary corrective action to comply with the
violation cited in part (a) above. (General Chairman File: 84-37-PM Carrier
File SG-758)"
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.
Form 1 Award No. 27976
Page 2 Docket No. SG-27023
89-3-86-3-65
The claim herein involves Carrier's alleged violation of the Scope
Rule when signal work was improperly assigned to the C&S Maintainer headquartered at Marlette, M
In a dispute such as this, the Organization has the burden of proof
to clearly show that a violation has occurred. The facts as presented are
simply inadequate to make a reasonable judgment that Carrier violated the
Agreement. Accordingly, the claim is dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.