SPECIAL BOARD OF ADJUSTMENT 1110
Brotherhood of Maintenance of Way Employees
and
Award No. 12
Case No. 12
CSX Transportation, Inc. (former Louisville and
Nashville Railroad)
STATEMENT
OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when
it failed and refused to allow Local Chairmen
under the organization of the Southeast
System Federation the same opportunities and
privileges extended to the members of the
United Transportation Union with respect to
the purchase of computers, access to
computers, internal documents, office space
and an Automated Claims Tracking System or
ACTS [System File 14(70)(94)/12(94-801)
2. As a consequence of the violation
referred to in Part (1) above, the Carrier
shall:
(a) allow Local Chairmen of the Southeast
System Federation the same opportunity to
purchase computers through CSX;
b) allow Local Chairmen of the Southeast
System Federation access to Division and
Jacksonville, Florida computers for the
purpose of doing union business after said
purchase;
c) allow Local Chairmen of the Southeast
System Federation access to all Company
computers and internal documents as it
relates to Maintenance of Way work;
d) allow Local Chairmen of the Southeast
System Federation local office space on CSX
property, furnished with a computer "for the
purpose of doing union business in that area;
and
e) set up an Automated Claims Tracking System
of ACTS for use by the Southeast System
Federation Local Chairmen, as provided to the
Local Chairmen of the United Transportation
Union."
This Board, upon the whole record and all of the evidence,
finds and holds as follows:
1. That the Carrier and the Employee involved in this
dispute are, respectively, carrier and Employee within the
meaning of the Railway Labor Act, as amended,; and
2. That the Board has jurisdiction over this dispute.
Rule 58 provides, in pertinent part, that:
No
discrimination shall
be practiced by the
railroad company as between members and non-members of
organizations, or
as between members of different
organizations, nor
shall members of organizations
discriminate against non-members.
The
Organization contends
that the Carrier violated Rule 58
with respect to the actions set forth in the Statement of Claim.
Rule 58 is ambiguous because the term "members" may embrace
employees and organization official's or the term "members" only
may embrace only employees in the narrow contest of terms and
conditions of employment. The record omits any persuasive
evidence to resolve this ambiguity. As a result, the
organization failed to meet its burden of proof. The
organizations rights are expressly reserved to address this
matter in collective bargaining.
AWARD:
Board.
D nald D Bartholom~a
Employee ember
Dated:
The Claim is dismissed in accordance with the
Opinion of
the
Robert L. Douglas
Chairman and Neutral Member
Patricia A. Madden
Carrier Member