Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32596
Docket No. SG-33106
98-3-96-3-404
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (B&O):
Claim on behalf of W.K. Cannon, R.L. Swetnam. and J.J. Ward for
payment of an amount equal to the man-hours worked by outside
employees in performing covered work on April 6, 1995, account Carrier
violated the current Signalmen's Agreement, particularly the Scope Rule.
when it used the outside employees to install new signal poles at Gambier
Street in Mount Vernon, Ohio, and deprived the Claimants of the
opportunity to perform that work. Carrier's File No. 15(95-21.1). BRS
File Case No. 9803-B&O."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds 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 I Award No. 31596
Page 2 Docket No. SG-33106
98-3-96-3-404
Parties to said dispute were given due notice of hearing thereon.
On April 6, 1995, Carrier used an outside contractor to remove a broken pole and
set two new poles. Prior to 1974, such work had been performed by employees of
Western Union Company, pursuant to a specific agreement between the parties. The
Organization maintained that it inherited the work when Western Union stopped
performing it. Carrier denied that the work had been reserved to Signalmen since 1974.
The record developed on the property contains conflicting assertions, but is
barren of any evidence as to who performed this work on the property in the more than
20 years between Western Union's having ceased performing the work and the date of
the incident that is the subject of the instant claim. The Organization has the burden
of proof and bare assertions do not constitute evidence. Accordingly, the claim must he
denied because the Organization failed to carry its burden of proof.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 22nd day of May 1998.