Public Law Board 2203
PARTIES Brotherhood,of Maintenance of Way Employes
_TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT (a) The Carrier violated the Rules Agreement
OF
CLAIM: effective April 15, 1944, as modified Septem
ber 1, 1949 (particularly, Rule 1=Scope,
Rule 2-Seniority, 2-d-l-Seniority Rosters and
others), January 22, 1974 and April 10, 1975
when Roadway Mechanic Grover Karper used Conrail
truck to
haul
materials and supplies to various,
locations in the Atlantic Region on June 15,
16, 17, 22, 23, 24, 27 and 28, 1977, and when
- Lead Mechanic Joseph Deutsch used Conrail truck
for the same purpose on June 30, 1977 to the
exclusion of Trackman-Truck Driver Moulton Frantz.
(b) As the result of such violations, Claimant
Frantz be compensated at the applicable rate
for eight (8) hours for each of the days claimed.
FINDINGS:
On the claim dates, Lead Mechanic Deutsch and
Roadway Mechanic Karper, who were assigned to
the Easton M & W Equipment Shop, delivered
material to outlying locations for use by roadway mechanics to repair track maintenance
equipment. In Petitioner's view, track maintenance man should have been assigned to deliver
the equipment.
Nothing in this record shows that, by any rule
or established practice, the duties in question belong exclusively
to trackmen and that lead and roadway mechanics are barred from
performing them. Both parties allege that the past practice on
this property supports their respective positions. Neither has
presented supporting proof. In this posture of the record, and
since the burden of proof rests with Petitioner,. the claim must
be denied.
AWARD:
Carrie~Member
Claim denied.
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'Employe Member