Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32411
Docket No. CL-32122
98-3-94-3-527
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11096) that:
1. The Houston Belt & Terminal Railway Company violated the Rules
Agreement effective April 15, 1972, as amended, as well as the
Agreement between the parties dated October 19, 1990 when it
allowed and/or permitted an employe not coming under the Scope
of the clerical Agreement to perform work which had historically
and by agreement been assigned to the clerical employes.
2. The Houston Belt & Terminal Railway Company shall be required
to afford clerical employe R. E. Bates eight (8) hours pay at the
straight time rate
of
Job No. 7119 for date
of
August 14, 1993."
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.
Form 1 Award No. 32411
Page 2 Docket No. CL-32122
98-3-94-3-527
Parties to said dispute were given due notice of hearing thereon.
As a result of a Yardmaster's request on August 14, 1993, Claimant was sent to
Settegast Yard to haul a crew to Pierce Yard. Upon his arrival, Claimant was advised
by Trainmaster Pennington that he rather than Claimant would bus the crew. This
claim followed with the Organization relying upon the positions and work Scope Rule.
The Organization has not carried its burden. The record shows the type of work
involved in this dispute is shared work. See e.g., Public Law Board No. 5344, Award 4:
".
. . The Carrier argued that 'everyone under the sun' had hauled yard
and road crews including taxis and Brown's Limo ....
. . . Public Law Board No. 1802, Award No. 14, between the parties
supports Carrier's position indicating that it was shared work by
numerous positions of the Carrier as well as outsiders. While there is a
lack of proof for the Carrier's position that Brown's Limo hauled crews
for over ten years, there is evidence since early 1989 and no probative
evidence to deny that other positions and outsiders performed the service."
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of January 1998.