Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29136
THIRD DIVISION Docket No. CL-29395
92-3-90-3-328
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:
(CSX Transportation, Inc. (formerly The Seaboard Coastline
Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10467) that:
1. Carrier violated the Agreement when it contracted with the City
Contract Bus Service to transport train and yard crews at Southover Yard,
Savannah, Georgia.
2. Carrier shall compensate the Senior Available Clerk eight (8)
hours' pay per shift, three (3) shifts a day, seven (7) days a week, at the
applicable rate of $105.22 per day. To begin on the first day of the violation, May 31, 1987, 2nd Sh
violation is stopped and the work returned."
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 dispute has produced a rather lengthy record and includes numerous arguments and contention
obfuscate the fundamental assertion by the Organization that the Carrier violated Rule 1, Scope of t
Southover Yard, Savannah, Georgia.
Form 1 Award
No.
29136
Page 2 Docket
No.
CL-29395
92-3-90-3-328
The Board, after careful review of that part of the record properly
before us and with full understanding of the Carrier's arguments, finds that
the Organization has met its burden of proof.
Based on the record of the handling of this claim on the property,
the Board finds that the Organization has made a prima facie case, which was
not refuted by the Carrier. A prima facie case, in this instance, consists of
evidence which standing alone and unexplained or unrebutted warrants a finding
by this Board that crew hauling within the Southover Yard was performed by
Clerks and Switchmen/ Herders. When so concluding, we rely primarily on the
Organization's letter of June 15, 1988, and the Carrier's responding letter of
July 3, 1989.
Turning to the question of damages, the record is desk with respect
to the measure of the amount of work involved. We agree with the Carrier when
it asserted the claim is excessive, although the Carrier also did not provide
any pertinent information. Based on our best analysis of the record, the
Board concludes that 30 minutes per shift (pro _rata) would be a reasonable
award.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J.- Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.