The Claimant was assigned territory from Mile Post 211.7 to 258.6. On November 13, 2000, Manager Signal Maintenance Gonzalez began at Mile Post 258.0 at Redding, California, on the Claimant's territory working toward Mile Post 245.0 at Kimberly Road in Gerber, California. While the Claimant was working his territory, Gonzalez was also on his territory.
The Organization argues that Gonzalez was patrolling track on the Claimant's territory, work that belonged to the Claimant by Agreement. Further, Gonzalez reported a pull-apart at Mile Post 252.3. The patrolling of the track and report of the rail joint separation was a clear violation of the Agreement, in that while Gonzalez has a right to repair bonds, he has no Agreement right to patrol track. Because the Claimant was not permitted to patrol his full territory, the work performed was improperly removed from his historically performed and assigned work and improperly assigned to a supervisor in the Signal Department in violation of the scope and other Rules of the Agreement.
The Carrier denied the claim. The Carrier stated that the report of a rail joint separation was the "SAFE" thing to do and required by Signal Department employees under the Agreement. In fact, the Carrier points out that the majority of broken angle bars are actually found by the Signal Department. More importantly, the work performed in repairing the broken angle bars was done by BMWErepresented employees and not the Signal Department. The Carrier contends that the Claimant did not perform work exclusive to the Organization.
The Board finds no proof in the record that Gonzalez was being utilized to patrol the Claimant's assigned territory. Gonzalez stated that:
The Carrier further states in the record that the work that Gonzalez was performing ". . . had nothing to do with patrolling track."
The Board finds insufficient rebuttal or pi·oofs offered by the Organization to carry its burden. There is a lack of proof that the Carrier assigned a Signal Department supervisor to perform work protected by the scope of the Agreement. There are no statements presented by the Organization demonstrating that the report of two broken angle bars by Manager Signal Maintenance Gonzalez was not incidental, not historical, and not proper performance of his duties. Accordingly, the claim must be denied.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.