The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
As the Statement of Claim describes. the instant dispute challenges the Carrier's use of an outside contractor to perform snow removal work in the Detroit metropolitan area in February of 2000. While the parties expended considerable effort jousting over the notice and scope coverage issues, this case must be resolved on the basis of very straightforward principles of on-property record development.
The language of the patties' Scope Rule explicitly recognizes an "emergencies" exception with respect to the contracting of work. It expressly includes "... fires, floods, heavy snow and like circumstances ..." within the contemplated definition of emergencies.
During the development of the on-property record, an emergency/heavy snowfall situation was repeatedly asserted by the Carrier. The lack of an emergency was likewise repeatedly asserted
Special Board of Adjustment No. 1016 Award No. 211by the Organization. Eventually, however, the Carrier provided evidence to support its assertions. It supplied newspaper articles covering the Claim dates that referenced facts like 1) snow accumulations of 1-2 inches per hour; 2) total accumulations of 6-10 inches; and 3) a snow emergency being declared by the City of Detroit at noon on February 18'". While not overwhelming proof of the disputed emergency issue, it is nevertheless some evidence in support of the Carrier's assertion. In the absence of any opposing evidence from the Organization to support its assertions, and there was none, the Carrier's evidence is enough to establish the fact.
Accordingly, on this record, we must find that a snow emergency existed which permitted the Carrier to contract the work as it did.
The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
Claimant was dismissed for insubordination and absence from duty without authority arising out of his actions on June 4, 2002. At the time of his dismissal, Claimant had more than thirty years of service with the Carrier. His prior discipline record, as introduced at the investigation, showed only one entry dating from 1970. At the Board's hearing, however, the Carrier asked us to consider Award No. 153 of Public Law Board No. 3514, which restored Claimant to service without back pay from a 1985 dismissal. That Award was issued in 1987. Claimant's record since that time has apparently been clear.
Approximately one year after his 2002 dismissal, the Carrier unilaterally restored Claimant to service. His time out of service was converted to a suspension without pay pending our review of the matter. Accordingly, we review the propriety of that suspension.
The Organization has asserted a procedural objection in addition to challenging the merits of the discipline. The Organization maintains that Claimant was improperly withheld from service
Special Board of Adjustment No. 1016 Award No. ? 12in favor of the Carri,·r. In light of this circumstance, the evidence must again be taken at face value, with no basis for accepting one account over the other. Therefore, we cannot find the evidence to be sufficient to establish that Claimant was absent from duty without proper authority. Accordingly, the burden of proof has not been sustained as to this charge either.
Given the state of this record, we do not find the record to contain substantial evidence in support of either charge. The Claim, therefore, must be sustained in its entirety. The Carrier is directed 1:o make Claimant whole for all losses resulting from his time out of service.