PUBLIC LAW BOARD NO. 3689
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
UNION PACIFIC RAILROAD COMPANY
AWARD NO. 2
Case No. 2
STATEMENT OF
CLAIM
1. The Agreement was violated when the
Carrier used employes of the Burlington Northern
Railway Company to pick up and remove scrap and
debris from track in the Silver Bow, Montana Yards
on February 25, 1982 (System File 7-26-13-14-54/
013-210-9).
2. Because of the aforesaid violation, Section
Foreman T. Archer and Sectionmen G. Jensen and J:
Willoughby shall each be allowed eighteen and twothirds (18-2/3) hours of pay at their respective
rates.
FINDINGS
Until shortly before the occurrence covered in this
claim, Silver Bow, Montana was an interchange point for the
PLB No. 3689
Award No. 2
Page
2
Carrier and the Burlington Northern, with four tracks
designated for the Burlington Northern's use in setting
out and picking up cars. On February 25,
1982
the
Burlington Northern sent a crew of its employees to the
location. According to the Organization, these BN employees
were "assigned or otherwise permitted . . . to clean up and
remove scrap and debris" from the four tracks, as well as
four other tracks. According to the Carrier, the BN
employees were assigned by the BN, with the Carrier's
permission, "to pick up . . . new and scrap brake shoes and
parts" which were BN property and which had been left behind
when the interchange arrangements were terminated in December
1982.
The Board has little difficulty with the basic concepts
set forth by the parties. If the work involved was that of
cleaning up scrap and debris on the Carrier's tracks, there
is no rules agreement provision to have such work performed
by other than employees of the Carrier. If in fact the
BN employees simply arrived on the scene to recover, in
belated fashion, property owned by the BN which the BN had
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Award No. 2
Page 3
previously used on the site, then there is no valid claim
that track "maintenance" work was performed or that it was
improper for BN to use its own employees to recover its own
materials.
It is the responsibility of the charging party.to offer
sufficient proof to its contentions, if a violation of rights
is to be sustained. The written statement by one of the
Claimants states that BN forces "picked up spikes, bolts and
misc. car parts along with brake shoes". No mention is made
in such statement of "debris" or of general track cleaning
and maintenance work.
In this instance, the Board finds proof lacking that
BN employees were -- or would have been -- assigned to other
than the recovery of BN materials. There is no showing,
therefore, of track maintenance work being performed by
outside forces. Without questioning the Organization's
statement of its accepted work jurisdiction, the claim must
therefore be found without merit.
A W A R D
Claim Slgn~ed.
HERBERT L. MARX, JR., Neutral Member
2,
C.F. FO SE, -n.,_oyee Member E.R. MYERS, Carr' Member
New York, N.Y.
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