NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 1266<!
Docket No. 12503
94-2-92-2-23
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:
(CSX Transportation, Inc. (former Chesapeake:
(& Ohio Railway Company)
STATEMENT OF CLAIM:
'11.
That the Chesapeake & Ohio Railroad Company (CSX
Transportation, Inc.), hereinafter referred to as
'carrier', violated specifically the June 1, 1979
Agreement, Article II - Upgrading, Section 4 -
Training (b), by allowing M. A. Christian to be
credited tentative carman time while working as a
supervisor in 1989. Carrier also violated Rule 35
of the Shop Crafts Agreement by not timely and
properly responding to said violation.
2. Accordingly, the carrier be ordered to have Mr.
Christian serve additional 122 days completion of
his journeyman rating
commencing September
15, 1989
in the capacity of a tentative carman before he be
given standing as a bonafide mechanic on the
seniority roster."
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.
The Organization alleges that Appendix 14, Article II, Section
4(b), of the Training Agreement, was misapplied when, during 1989,
time worked by M. A. Christian as a supervisor, was credited toward
completion of the mechanic program 732 day service requirement.
Form 1 Award No. 12662
Page 2 Docket No. 12503
94-2-92-2-23
Carrier argues that the allegation is false. Carrier notes that it
offered to permit the Organization to review its payroll records to
demonstrate that the allegation was not true, however, the offer
was declined.
The allegation of the organization is simply that, an
allegation without any support of any type. Carrier opened its
payroll records for review by the organization. However, this
offer was not accepted. The Organization has the burden of
offering evidence in support of its allegations. This evidence is
missing in this matter. Accordingly, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Catherine Loughrin -!/Interim Secretary to the Board
Dated at Chicago, Illinois, this 16th day of February 1994.