NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29661
Docket No. CL-29850
93-3-91-3-242
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(Chicago & North Western Transportation Co.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood (GL10580) that:
1. Carrier violated the effective agreement, in
particular Rule 1 thereof, when on July 30,
31, August 3, 4, and 5, 1987, it contracted
with outsiders for the performance of clerical
work in connection with piggyback shipments at
Council Bluffs, Iowa, which work is reserved
to employes covered by said agreement;
2. carrier shall now compensate the Clerk M. J.
Carroll eight (8) hours' pay at the rate of
Yard Clerk for each of the above referred to
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 employe 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 concerns a claim by the Organization that the
Carrier violated its contractual obligations when it "...contracted
with outsiders for the performance of clerical work in connection
with piggyback shipments
....11
Form 1 Award
No.
29661
Page 2 Docket
No.
CL-29850
93-3-91-3-242
The Carrier has asserted that it merely continued a practice
which has been in existence "...for at least the past 10 years" in
which a clerical employee prepares a J-1 Report for each trailer,
which is given to the truck driver who then delivers the trailer to
the customer. On occasion, a clerk contacts the customer concerning
delivery.
The Organization continued to assert a violation of its Scope
Rule, but we are unable to find evidence of record to support the
claim concerning the incidents in question. This Board has
repeatedly insisted that the Claimants establish the basis for a
claim by the preponderance of the necessary evidence. See, for
example, Third Division Award 29398 as well as Third Division
Awards 28658, 27809 and 27710, relied upon by Carrier concerning
the burden of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Third Division
Attest:
ancy ever - Secretary to the Board
Dated at Chicago, Illinois, this 7th day of June, 1993.