Form i NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38037
Docket No. SG-37511
06-3-02-3-604
The Third Division consisted
of
the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General committee of the Brotherhood of
Railroad Signalmen on the Union Pacific (UP):
Claim on behalf of M. J. McNace, B. J. Ward and J. G. Jensma, for
12 hours at their applicable straight time rate of pay, account
Carrier violated the current Signalmen's Agreement, particularly
Rule 1, when it required signal maintenance forces to perform
construction work that required an appreciable amount of their
time and deprived the Claimants of the opportunity to perform this
work on July 5, 2001, at CPA 148 East Marshalltown, Iowa.
Carrier's File No. 1283661. General Chairman's File No. NIK-227.
BRS File Case No. 12270-UP."
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.
Form 1 Award No. 38037
Page 2 Docket No. SG-37511
06-3-02-3-604
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
As in other cases of this nature, the Organization bears the burden of
persuasion regarding the reservation of the work at issue, or at least the unvarying
practice of assigning that work to employees covered by the Agreement.
In this case, however, the Board finds no support for the Organization's
initial premise that the work at issue should have been assigned to the Claimants
rather than to signal maintenance forces. Nor is the exact nature of the work
particularly clear on this record.
In light of the foregoing the claim is denied.
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 December 2006.