The Second Division consisted of the regular members and in addition Referee Edward L. Suntrup when award was rendered.
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.
A claim was filed on June 10, 1997 alleging that the Carrier violated Appendix 8, Section 10(B) of the controlling Agreement when it failed to fill a vacancy due to an employee taking a one (1) day vacation.
A review of the record shows that the Carrier states, in denying the claim, that the vacancy in question was not the result of the employee taking a vacation day, but that it was the result of this employee taking a paid, personal leave day.
Absent rebuttal by the Organization with respect to this point the Board must conclude that Appendix 8, Section 10(B) has no application to the facts of this case and that the burden of proof has not been sufficiently met by the moving party. Accordingly, the claim is denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.