Award - No . .39
Case No. 39
Public Law Board No. 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 amended, particu
larly Rule 1, Scope, when Welding Supervisor
P. Kranenberg and a Welder from the former
Pennsylvania Railroad performed Welder's work
at various locations on the former Lehigh Valley
Railroad on November 1, 2, 3, S and 9, 1977;
and additionally received 15 hours overtime.
(b) As a result Welder S. Cappellano, who
normally performed the work in question prior
to' his position being abolished on October 31,
1977, be compensated eight hours. pro rata for
each date stipulated above, as well as 15 hours
at the overtime rate.
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FINDINGS: The issue is whether a non-bargaining unit em
ploye, Welding Supervisor Kranenberg, performed
bargaining unit work on the days in question.
It is undisputed that claimant, a welder, was
on furlough on those days.
Claimant's 'position as welder was abolished on
October 31, 1977. It is Petitioner's contention, and claimant
states, that on the following day and the several specified dates
thereafter welding work was performed by Mr. Kranenberg and "a
welder from the Pennsylvania Railroad." According to claimant,
that work. included "duties which are normally performed by myself."
It allegedly was performed at Richards Abbott Street and Kennedy
Crossing on the welded rail segment of former Lehigh Valley
Trackage.
Confronted with these statements, it was incumb
ent upon Carrier to come forward with facts showing that no
welding work was in fact performed by Kranenberg while claimant
was on furlough or that some emergency or other exceptional set
of circumstances made it necessary to call upon Kranenberg. It
was not, an effective reply to the claim to state that Mr. Kranen
berg "was working in his capacity as a Welding Supervisor."
While we. agree with Carrier that exclusivity
must be shown, it is our conclusion that where such specific
craft work as welding is involved, that work clearly belongs to
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members of the bargaining unit who were on furlough
in the absence of a showing by Carrier that it was necessary
or proper for the foreman to handle it under the specific
circumstances of this case. The burden of coming forward
with that evidence rests with Carrier. Principles as to
proof must bcr evenly applied.
AWARD: Claim sustained. Award to be effective
within 30 days of adoption.
Adopted at Philadelphia, Pa.,
si4a~cw.l~ ,1-979C'.
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Har M. Westo , Chairman=
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Carrier-Member~ Employee Member