Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12174
SECOND DIVISION Docket No. 12025
91-2-90-2-172
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen/ Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
1. That the service rights of Carman Gary P. Cox and the provisions
of Rule 27 1/2 of the Shop Crafts Agreement were violated account Cox was not
permitted to participate in relief work at the Raceland Car Shops on February
5, 1987 in accordance with the provisions of Rule 27 1/2_of the controlling
Agreement.
2. Accordingly, Cox is entitled to be compensated eight (8) hours pay
at the applicable Carmen's rate of pay for the date of February 5, 1987.
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 Claim was filed because a Carman junior to Claimant was used to
fill a vacancy on February 5, 1987.
Claim alleges that Rule 27 1/2 of the Agreement was violated. This
Rule provides for furloughed employees to be called in seniority order for
extra or relief work, provided a written notice is filed with the Carrier
indicating one's desire to be so used. In accordance with the Rule both Claimant and the junior Carman were entitled to be called for extra or relief work.
The Organization alleges that Claimant and his wife were home all day
on February 5, 1987, and the Carrier did not call him to fill a first shift
overtime vacancy.
Form 1
Page 2
Award
No.
12174
Docket
No.
12025
91-2-90-2-172
The Carrier respondes that "records reveal" that the Claimant was
called at 7:30 A.M. on February 5, 1989, but no answer was received. Therefore, at 7:35 A.M. the junior Carman was contacted and accepted the call.
The Organization has not met its burden of proof in this case as it
must as moving party. Second Division Award 6878 held: "To prevail on the
merits a claim must be supported by proof as distinguished from mere assertions and conjecture." (Also see Second Division Awards 3246, 5057, 6656.)
The Board finds insufficient evidence of record to support the conclusion that
the Claimant as senior Carman, was available or at home when called on the
date in question. Records show that a call was made and the Claimant did not
answer the phone. The Carrier, therefore, properly went to the next Carman on
the call list.
Third Division Award 28752 cited by the Organization to support this
Claim is not on point. In that case, in contrast to the instant one, the
Carrier merely alleged, without offer of probative evidence, that an attempt
was made to contact an employee for a vacancy.
On the record as a whole the Claim must be denied.
A W A R D
Claim denied.
Attest:
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1991.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division