Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31468
Docket No. CL-32107
96-3-94-3-491
The Third Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
(Transportation Communications International
( Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
( (AMTRAK)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Organization (GL-11089) that:
The following claim is hereby presented in behalf of A.
Cooper, C. Brown and W. Brunson that:
The Carrier violated the Amtrak Northeast Corridor Rules
Agreement effective September 1, 1976, particularly Rule
1 and others, as well as the Rail Service Act beginning
on October 6, 1989, when it contracted with Traveloc to
furnish storage locker facilities and with full time
uniform employes 7 days per week. Prior said work has
historically been performed by Amtrak Mail and Baggage
employes at this Union Station location.
Corporation now be required to pay each claimant 8 hours
pay at the overtime rate of pay $140.51 per day beginning
April 1, 1990 and continuing each and every day 7 days
per week 24 hours per day until this violation is
corrected and work returned to proper employes.
Claim presented to Corporation in accordance with Rule
7-B-1 of the Agreement and should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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. 31468
Page 2 Docket No. CL-32107
96-3-94-3-491
On October 6, 1989 Carrier contracted with Traveloc, Inc. to
provide lockers for Amtrak passengers at union Station, Washington,
D.C. rather than continue providing a parcel checkroom operated by
Baggage Clerks. On May 22, 1990 the Organization filed this claim
(retroactive to April
1,
1990) alleging the Carrier violated the
Scope Rule of the Agreement.
As the moving party the organization has the burden of proving
that the work being performed by the contractor is work reserved
exclusively to employees represented by it. Numerous Awards have
held that the involved Scope Rule is the type known in the industry
as a "general" Rule. In other words the contested work is not
reserved specifically in words. Ergo, the Organization has the
burden of showing the work is reserved exclusively by system-wide
custom, practice or tradition.
The Organization is alleging the violation of the Agreement
occurs 24 hours a day, 365 days a year. However, the record reveals
there were no job abolishments as a result of the contractor
supplying lockers for Amtrak passengers.
Not only were no jobs abolished, the record lacks one
scintilla of evidence as to the work being performed by the
contractor that was done by Carrier employees. The Organization
failed to meet its burden of producing sufficient evidence to
support its allegations. Mere allegations do not constitute proof.
This claim must be denied because the Organization failed to
submit any factual evidence for our consideration.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIO_`iAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25t' day of April 1996.