Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36256
Docket No. SG-35537
02-3-99-3-447
The Third Division consisted of the regular members and in addition Referee
Edwin H. Bern when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Chicago &
( North Western)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad (C&NW):
Claim on behalf of D. J. Zimmerman and D. E. Beck for payment of eight
hours at their respective straight time rates, account Carrier violated the
current Signalmen's Agreement, particularly Rule 1 and Appendix "A"
as amended, when it failed to utilize the proper employees to install and
program highway crossing analyzers on the Boone Subdivision, on
February 24 and 25, 1998. Carrier's File No. 1136547. General
Chairman's File No. 8012009. BRS File Case No. 10969-C&NW."
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 were given due notice of hearing thereon.
Form 1 Award No. 36256
Page 2 Docket No. SG-35537
02-3-99-3-447
The facts are in dispute. The on-property handling shows that the Organization
contends that the Carrier improperly used certain individuals (an Electronics Design
Manager and a District Signal Foreman) to perform work claimed by the Organization
(installing and programming highway crossing analyzers, making wire changes and
retagging circuits) on the Boone Subdivision on February 24, and 25,1998. In response,
the Carrier asserts, in part, that the non-covered individuals did no work as alleged by
the Organization, particularly tagging or wiring. Further, according to the Carrier, at
one location a defective device was identified and Claimant D. E. Beck was contacted
to replace the device.
This is a contract dispute. The burden therefore rests with the Organization to
establish the necessary facts to show a violation of the Agreement. Based on the record
before the Board, the material facts in this case are in irreconcilable conflict. The
Organization asserts that certain work was improperly performed. The Carrier asserts
that the work was not performed as alleged. A disputed factual record of this type
cannot be. used by the Organization to meet its required burden. The claim must
therefore be dismissed.
AWARD
Claim dismissed.
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 28th day of October 2002.