Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10810
SECOND DIVISION Docket No. 10407
2-KCS-MA-'86
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(International Association of Machinists and Aerospace
( Workers
Parties to Dispute:
(Kansas City Southern Railway Company
Dispute: Claim of Employes:
Claim in behalf of Machinist Kenneth J. Martin commencing August 18, 1982
for eight (8) hours at the pro rata rate of pay each day of his former
assignment from 8:00 AM to 4:00 PM, Wednesday through Sunday, due to
Carrier's violation of Rules 21, 22, 24, 29, and 33 of the controlling
Agreement. Claim is continuing.
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.
The Claimant, Machinist Kenneth J. Martin, is a Machinist holding
seniority at the Carrier's Baton Rouge, Louisiana, facility dated August 19,
1980. On December 26, 1981, he was placed on furlough. On May 19, 1982, the
Claimant began work at the Carrier's Shreveport, Louisiana, Shop. On June 15,
1982, the Claimant was advised his application for employment in the
Shreveport Diesel Shop had been disapproved.
The Organization asserted the Claimant inquired about work at Shreveport,
and Superintendent of Locomotives D. R. Johnson notified him work was
available. It is the Organization's position that Rule 22 governs, and it
states:
"Furloughed Men, Use of
(a) While forces are reduced, if men are needed at
other points, furloughed men will be given preference
to transfer, with privilege of returning to home
station when force is increased, such transfer to be
made without expense to the Company; seniority to
govern."
Form 1 Award No. 10810
Page 2 Docket No. 10407
2-KCS-MA-'86
The Carrier denied the Claimant was transferred to Shreveport and stated
the Claimant was a new employe subject to Rule 33, which states in pertinent
part:
"(d) Shopmen will not be dismissed after the expiration
of sixty (60) days from the date entering service on
account of application not approved
....'
The problem with the record before the Board is the absence of probative
evidence. All we have before us is the allegation the Claimant was
transferred from Baton Rouge to Shreveport. The Carrier denies this event.
In such cases, the Board emphasizes that the burden of proof lies with the
Organization. With no supporting facts, we are unable to resolve the
applicability of Rule 22. There is simply insufficient evidence to support a
sustaining award.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J.19lrr - Executive Secretary
Dated at Chicago, Illinois, this 9th day of April 1986.