Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28682
THIRD DIVISION Docket No. MW-28716
91-3-89-3-78
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(formerly The Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier permitted B&O Railroad section employes to p
Wellsboro, Indiana on September 18, 1987.
(2) The Agreement was violated when the Carrier permitted Grand
Trunk Railroad section employes to perform track work on the Grand Trunk
crossing diamond at Wellsboro, Indiana on September 22, 1987.
(3) The Agreement was violated when the Carrier permitted B6o Railroad section employes to perfo
Grand Trunk and B50 diamonds, and a run off to the north of the 860 diamond to
the loop wye at Wellsboro, Indiana on September 25, 1987 [System File C-TC4010/12(87-1324) CON].
(4) As a consequence of the violations referred to in Parts (1), (2)
and (3) above, furloughed CSO employes James Brasfield, Kennith McInnis, James
Burch, Joe McGill and Donald Maloney shall each be allowed pay at their respective pro rata rates fo
man-hours expended by the outside forces performing the work referred to to
Parts (1), (2) and (3) above. In addition, each Claimant shall receive three
(3) additional days' credit for vacation qualTf'ying purposes."
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. 28682
Page 2 Docket No. MW-28716
91-3-89-3-78
On the dates cited in the Claim, the Carrier scheduled its Maintenance of Way forces to performa
at Wellsboro, Indiana. The work was performed on Carrier's property. Additional forces covered
by
separate Agreements, from railroads also involved in
the crossing diamonds' use, were also employed.
The Organization does not dispute the use of the other forces "to
perform their runoffs from our having raised the diamond." The Organization
argues, however, that these forces were employed to "assist" Carrier employees
in work on the diamond itself.
The Carrier maintains that this coordination of forces at crossing
diamonds is well established practice, while the Organization contends that
work on the crossings has been'regularly performed solely
by
Carrier forces.
In the Board's view, the record fails to provide convincing proof as
to the unwavering practice concerning the assistance provided in this type of
operation. As the moving party, it remains the Organization's burden to
demonstrate that the working arrangement did not conform to accepted practice,
as well as to show the exact nature and extent of such assistance. In this
position, a sustaining Award is not warranted.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 28th d4y of February 1991.