NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12506
Docket No. 12126
93-2-90-2-263
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen
(Division/TCU
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe
(Railway Company
STATEMENT OF CLAIM:
"1. That the Atchison, Topeka & Santa Fe Railway
Company violated the Controlling Agreement,
specifically Rules 9, 10, 36 and 98, by
instructing and/or allowing Relief Supervisor
C. Rydberg to perform the duties and work of
the Carmen craft on December 15, 1989 when
members of the craft were available, willing
and qualified tc perform that work.
2. That accordingly, the Atchison , Topeka & Santa
Fe Railway Company be ordered to additionally
compensate Carman J. L. Beel in the amount of
four (4) hours at his applicable hourly rate
of pay for the: violation on December 15,
1989."
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, 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.
Form 1 Award No. 12506
Page 2 Docket No. 12126
93-2-90-2-263
This Claim is the second in a series of disputes contending
that Relief Supervisor Rydberg worked as a Cayman at times when he
was assigned as a Supervisor. See Awards 12505 and 12507. In this
Award it is alleged that Rydberg was assigned as a Supervisor on
December 15, 1989 but continued to work as a Cayman on that date.
The Organization has not submitted any evidence in this record
supporting a showing that Rydberg performed any Carmen's duties on
December 15, 1989. Payroll records indicate that Rydberg worked
and was compensated as Supervisor that date. The Organization's
Claim must be denied for lack of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of February 1993.