Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13649
Docket No. 13474
01-2-99-2-59
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood Railway Carmen Division
( 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. That the Carrier violated the Agreement at Willard, Ohio on
4-10-98 when the Carrier laid assigned inspectors jobs off for the
Holiday (Good Friday) then arbitrarily filled those positions from
others assigned work on the repair track.
2. That the Carrier pay Carman M. K. Rogers for eight (8) hours time
and one half and credit his hours worked towards his journeymen's
card. This payment equals what he would have earned had the
contract not been violated."
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. 13649
Page 2 Docket No. 13474
01-2-99-2-59
Parties to said dispute were given due notice of hearing thereon.
The Claimant held Car Inspector Position DE-35 at the Transport Yard in
Willard, Ohio. The Claimant's position was annulled on Good Friday, April 10, 1998
due to decreased workload on the holiday. The Claimant received eight hours holiday
pay.
The Organization asserts that other employees were improperly assigned to
perform duties exclusively reserved to the Claimant on the holiday and that the
Claimant should have been called to work on the holiday. The Carrier asserts that the
Claimant's work was not performed and, in any event, that repair track forces are
routinely used to supplement train yard forces.
Examination of the record shows there are no supporting facts to sufficiently
demonstrate what work was improperly performed by others that the Organization
asserts should have been performed by the Claimant. Without supporting evidence, this
claim must fail for lack
of
proof.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 11th day
of
December, 2001.