Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11449
SECOND DIVISION Docket No. 11087
88-2-85-2-296
The Second Division consisted of the regular members and in
addition Referee Peter R.Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Birmingham Southern Railroad Company
STATEMENT OF CLAIM:
1. That the Birmingham-Southern Railroad Company, hereinafter referred to as the Carrier, violated the Agreement, particularly Article 25(d),
when on August 10, 1984, it forced Carman S. W. Brent, hereinafter referred to
as the Claimant, to change jobs consisting of different rest days thereby
causing him to lose two (2) days work, as a result of said change.
2. And consequently, the Carrier should be ordered to compensate
Claimant in the amount of sixteen (16) hours at straight time Carman rate of
pay due to said violation.
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.
Claimant is employed as a Carman by Carrier at its Birmingham, Alabama facility. On August 10, 1984, Claimant was assigned to a vacant position
that had been bulletined, but for which no bids had been received; Claimant
accordingly was transferred from a position with Saturday and Sunday rest days
to a position with Monday and Tuesday rest days. Claimant therefore had four
consecutive days off, Saturday through Tuesday. The organization thereafter.
filed a claim on Claimant's behalf, contending that because of the new asst_;nment, Claimant lost two days of work. Moreover, the Organization claimed that
the Carrier violated the Agreement when it disregarded the seniority rights of
the Claimant and assigned him to a position to which a junior employee should
have been assigned.
Form 1 Award No. 11449
Page 2 Docket No. 11087
88-2-85-2-296
This Board has reviewed the evidence in this case, and we find that
the organization has not met its burden of proof to support the claim. Therefore, the claim must be denied.
The two junior employees had less than one week of service in the
department and were still part of an orientation program. The record
indicates by a document signed by the Carrier's Superintendent of Maintenance
that the Organization's previous general chairman had orally agreed with the
Carrier that employees would complete a trial period prior to being allowed or
required to exercise their seniority to a regular assignment. The record
contains no denial by the previous general chairman that the Agreement was in
effect at the time of this dispute, even though a new general chairman had
taken over the position.
As stated above, the burden in cases of this type is on the Organization. The Organization has not provided enough proof to sustain its claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
t _
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.