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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hainnan
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'Employe Member