Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD Award No.
7+20
SECOND DIVISION Docket No.
7332
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No.
8,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(Missouri.-Kansas-Texas Railroad Company
Dispute: Claim of EYnployes:
1) Claim against the Missouri-Kansas-Texas Railroad Company by
4
monthly rated Radio Maintainer T. L. Pyles, for two
(2)
hours
call at overtime rate from
x.:20
a.m. until
6:10
a.m. Monday,
April
26, 1976,
account called by the operator at yard office due
to the transmitter being keyed somewhere.
2)
That, accordingly, the Missouri-Kansas-Texas Railroad Company be
ordered to pay monthly rated Radio Maintainer T. L. Pyles a two
hour call, at time and one-half, for work performed on April
26,
1976
during the hours of
4:20
a.m. and
6:10
a.m.
Findings: °
The Second Division of the Adjustment Board, upon the whole record and.
all the evidence finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June
21, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This claim is premised on the assertion that Claimant is entitled to
two
(2)
hours at the overtime rate "as per the current Agreement". However,
during the handling of the case on the property, the Employes did not cite
a single rule the Carrier allegedly violated. In their submission to this
Board, the Employees for the first time refer to Article VI (f) as being
violated. This alleged violation should have been raised on the property,
and not for the first time before this Board.
This Board has consistently held that the Organization must prove
every element of its claim, and failure to identify a specific rule in the
handling on the property is fatal to its claim. (See Second Division
Awards Nos.
6792
and
6321;
also see Third Division Awards Nos.
1896+, 17212.,
16663, 15835
and
1+772).
Therefore, we must dismiss the claim.
Form 1
Page 2
Award No. 7+20
Docket No. 7332
2_NK'1'_EW_
r
77
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
~s rie B,rasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of December, 1977.