NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10733
SECOND DIVISION Docket No. 10497
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute: (
(Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and Ohio Railroad Company violated the terms
and/or provisions of the controlling Agreement when on the date of September
22, 1982, Claimant, Carman G. H. Beecher, Bay View Baltimore, Maryland,
performed eight (8) hours service on his regularly assigned position at Bay
View, and Carrier has steadfastly refused to compensate him for such services
rendered, on that date, in direct violation of General Rules, Rule 1, Hours of
Service, Section (a-1).
2. That accordingly, Carrier be ordered to compensate Claimant, as
sought, account Carrier's violation of the Agreement in this instance: eight
(8) hours pay at the pro rata rate for eight (8) hours service on the date of
September 22, 1983.
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 employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In the Board's view the dispute evolves around an issue of fact:
"Did the Claimant work eight (8) hours on September 22, 1982?" It is the
Board's opinion that this burden rests with the Organization.
In the Board's further opinion, the Organization has failed to carry
its burden of proof and the Board accordingly finds, in the absence of any
evidence, that the instant claim is without merit.
Form 1 Award No. 10733
Page 2 Docket No. 10497
2-B&O-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
4:;;Z"
ancy J. D Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.