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:
(Southern Pacific Transportation Company (Eastern Lines)
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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois this 10th day of August 1989.