Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32146
Docket No. CL-32830
97-3-96-3-149

The Third Division consisted of the regular members and in addition Referee George Edward Larney when award was rendered.

(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM:











FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 32146
Page 2 Docket No. CL-32830
97-3-96-3-149

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.




Reference is made to Third Division Award 31581 involving this same Claimant, making the identical allegation that Carrier violated the Scope Rule and Rule 3-C-2 by permitting Supervisors to perform the duties of Claimant's Extra Crew Assignment Clerk position, after abolishing the position on June 27, 1994. In the prior case, the Board sustained Carrier's position that the work claimed is not reserved exclusively for Crew Assignment Clerks or other TCU-represented employees. This duplicate claim apparently was filed to remedy a deficiency identified by the Board in Award 31581, which was a finding that Claimant had expanded the Statement of Claim to include significant additional detail neither encompassed in the original claim nor discussed during handling of the claim on the property. By reason of this procedural deficiency, the Board ruled to dismiss the claim.


In this instant claim, we note the Organization has the burden of proof to identify the disputed work allegedly performed by Supervisors and to establish, without doubt, that Supervisors did, in fact, perform work accruing to members of the Organization. Our review of the record evidence in its entirety persuades the Board that the Organization failed to meet its burden of proof and therefore, we are impelled to deny the subject claim.





Form 1 Award No. 32146
Page 3 Docket No. CL-32830
97-3-96-3-149



This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                      NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                      Dated at Chicago, Illinois, this 13th day of August 1997.