Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28038
THIRD DIVISION Docket No. MW-27339
89-3-86-3-555
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when, on July 29, 30, 31 and August 1, 1985, Track Department employes were used to perform Bridge and Building Department work (installing drainage pipes) in the vicinity of Mile Post 133.7 (System File MW-85-115-439-23-A).

(2) B&B Foreman A. R. Flores, Assistant B&B Foreman F. Rodriguez and Carpenters J. R. Creighton, D. E. Johnson and A. Voelcker shall each be allowed thirty-two (32) hour because of the violation referred to in Part (1) hereof."

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.



This Claim is that B&B Department employees, rather than Track Department employees, should have been used to construct a side drain as part of a track stabilization project. Both groups are covered by the same Agreement but are assigned on different seniority districts.

Carrier contends that such work in the past has been done by Track Department employees. It has submitted a list of 15 specific instances where this has occurred. The Organization's proof consists of a number of statements generalizing that work. In considering which proffer is persuasive, we accept that of Carrier because it cites specific instances whereas that of the Organization is generalized; it fails to lis was done with B&B employees.
Form 1 Award No. 28038
Page 2 Docket No. MW-27339
89-3-86-3-555

The Organization has the burden of proving the basic elements of its Claim. On this record we are not persuaded that this has been accomplished. The Claim must be denied.






                              By Order of Third Division


Attest:
        Nancy J. e r - Executive Secretary


Dated at Chicago, Illinois this 10th day of August 1989.