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 vacation. The vacancy in question was the result of this employee taking a one day vacation on the date of May 27, 1997.
The basis of the claim is that twenty-five per cent or more of the work load of the employee taking the one day vacation was distributed among the other Carmen working the shift in question. A review of the record fails to persuade the Board that the burden of proof was sufficiently borne by the Organization with respect to the instant claim. There is no evidence that the work complained of, in fact, was done by other Carmen. The claim must, therefore, be denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.