(a) Carrier violated

Kansas City, Kansas on December 16, 2005, when it required or permitted employees that are not covered by the rules of the Agreement to perform routine schedule clerical work; and

(b) The work which was removed from the scope and operation of the Agreement shall now be restored to the employees covered thereby; and

(e) Claimant D. W. Simmons, et al, shall now be compensated for eight (8) hours at the pro rata of their abolished positions for each work day commencing December 16, 2005 and continuing until such violation ceases, in addition to any other compensation Claimant may have received for these days."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The Claimants in this matter transcribed audio cassette recordings of formal Investigations and meetings throughout the system as part of the Kansas City Word Processing Group. On December 30, 2005, the Claimants' positions were abolished and the transcription work was sent to AccuTrans, LLC. In its denial of the claim, the Carrier noted that transcription work has been performed by various contractors throughout the system and identified ten of those contractors. The Carrier contends that the denial is proper because the Organization has not proven that the work in question (transcription) has been reserved exclusively to TCU-represented employees on a system-wide basis.

The burden of proof in this matter is on the Organization. After a careful review of the record before the Board, we do not find that the Organization presented evidence to contradict the Carrier's assertion regarding the use of outside contractors for transcriptions. Accordingly, the Organization failed to meet its burden in this matter and the claim must be denied.

AWARD