Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13937
Docket No. 13821
NRAB-00002-070005
(07-2-5)
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood Railway Carmen Division (BRCD)
(Transportation-Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company (ST)
STATEMENT OF CLAIM:
"Claim of the Employees:
"1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rule 29 when
they failed to call Carman William Reinsborough for overtime
on May 2, 2005.
"2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carmen (sic) William Reinshorough
in the amount of six (6) hours and forty-five (45) minutes at the
overtime rate. This is the amount of empensation (sic) he would
have earned had the Carrier not violated the Agreement."
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.
Form I Award No. 13937
Page 2 Docket No. 13821
NRAB-00002-070005
(07-2-5)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On June 6, 2005 the Organization filed this claim. It alleges that the Carrier
failed to call the Claimant to rerail cars at a derailment on May 2, 2005.
The Carrier argues that its Manager Mechanical Department East called the
Claimant, but received no answer.
The Claimant states he was home, but did not get the call.
In this case we have a dispute in facts. This Board is not a trier of facts.
AWARD
Claim dismissed.
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 27th day of March 2008.