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(16) straight time hours and four (4) overtime hours at their respective rates of pay!'
FINDINGS:
The Organization argues that the Carrier assigned two (2) employees of a different
craft to perform work properly belonging to B&B Sub-department employees. The Organization argues that this is work reserved to the Claimants by the Scope Rule in particular that part stating "...rough and finish carpentry work; concrete and masonry work; .. ," That such work is reserved to Maintenance of Way forces who have customarily or traditionally performed concrete work. The claim should be sustained in its entirety.
The Carrier responds that the Organization has failed to show that the Carrier has violated any rules or agreements, and that in the instant case the Organization has failed to fulfill its required burden of proof. That the employees of the other craft performed the setting of light poles which is not listed in the Organization's Scope Rule. The claim should be denied.
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The Board has carefully reviewed the record before us and it appears a cross
contention or a dispute of facts is evident. This Board is unable to determine which version of the facts is correct. As the Organization has not met their burden of proof, the claim must be denied.
Case denied.
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Award No. 293
PLB No. 7163
Katrina Donovan Andrew M. Mulford
July 13, 2018
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