Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28492
THIRD DIVISION Docket No. CL-28609
90-3-89-3-64
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Elgin, Joliet 6 Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10332) that:
1. Carrier violated the effective agreement when on October 11, 12,
16, 17, 30, 31 and November 2, 1987, it required and/or permitted employes in
Seniority District No. 3 to absorb the duties of positions exclusively
assigned to a different location and seniority district.
2. Carrier shall now compensate the senior off-duty Input/Output
Technician (IOT) eight (8) hours' pay at the time and one-half rate of an IOT
position for each of the above dates."
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 Board notes that the Organization's Submission evidence was not
presented on the property. Accordingly, pursuant to a long line of decisions
by the Board, this new material and the arguments related to it will not be
considered by the Board.
The Claim before the Board essentially asserts that the Carrier
transferred work covered by the Agreement from one location of the Carrier to
another location.
Form I Award No. 28492
Page 2 Docket No. CL-28609
90-3-89-3-64
The Board has carefully reviewed the entire record and the evidence
properly before us. As the moving party in this matter, which is essentially
a scope rule case, the Organization has the burden of proving all the vital
elements. At a minimum, it must present relevant facts which normally would
include the identity of the persons involved, the work claimed, and when and
where it was performed. Because we do not find these facts fundamental to
meeting a burden of proof requirement, the Claim is dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J.5l~er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1990.