Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13392
Docket No. 13312
99-2-97-2-84
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore &
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Carrier violated Rule 4 and Rule 8, of the controlling
Agreement as amended, on August 16, 1996 by not allowing
Carman M.S. Rice an overtime call on the 7:00 a.m. < > 3:00 p.m.
shift for which he was qualified.
2. That the Carrier be ordered to pay Carman M.S. Rice eight (8)
hours pay at the Carman's time and one-half rate of pay account
violation of Rule 4 and Rule 8."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13392
Page 2 Docket No. 13312
99-2-97-2-84
Parties to said dispute were given due notice of hearing thereon.
On August 16, 1996, the Claimant was first out on the Overtime Board and was
called to input car repair billing on the CRT. When the Foreman discovered that the
Claimant had been called for this position, he instructed the Carman who called the
Claimant to call him back and advise him that the call was canceled.
Another Carman was called off the overtime list to fill the vacancy.
The instant claim was filed seeking reimbursement citing Rules 4 and 8 of the
Agreement. Rule 4 specifies how overtime is to be paid. Rule 8 concerns the
distribution of overtime.
The Carrier contends that the Claimant had trained on this position, but gave it
up after approximately three weeks because he was unable to perform the duties
required of the position.
The Organization then had to counter the Carrier's arguments with evidence that
the Carrier was in error. This it failed to do. Instead, it challenged the Carrier to
"concretely demonstrate through documentation that Carman M.S. Rice disqualified
himself from the position of CRT billing input. . . :'
This issue could have been resolved by providing a statement from the Claimant
as to whether he did or did not disqualify himself, but this did not happen.
Without such evidence, the Board, in reviewing only that evidence which had been
exchanged on the property, has no choice other than to deny the Organization's claim
because of its failure to produce the evidence necessary to sustain its position.
AWARD
Claim denied.
Form I Award No. 13392
Page 3 Docket No. 13312
99-2-97-2-84
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 12th day of April 1999.