Award No. 13764
Docket No. SG-13541
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Harold M. Weston, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
CENTRAL OF GEORGIA RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Central of Georgia Railway
Company:
(a) The Carrier violated and continues to violate the Agreement of July 1, 1950, when, on April 20, 1961, Bulletin J-2-61 was
issued cutting off certain jobs in the signal gang. Mr. C. C. Carter
was cut off effective May 5, 1961, in violation of the intent and
meaning of Rule 37 and any other applicable rules.
(b) Effective at the close of work on May 5, 1961, Mr. C. C.
Carter be paid the difference in the rate of pay as Assistant Signal
Maintainer, on which job he is working, and the rate of pay of
Signalman, on which job he should have been retained. This claim
to continue until such time as this violation is corrected.
(c) The senior Assistant Signalman or Assistant Signal Maintainer, who has been deprived of work on account of this violation,
be paid for all time lost at his regular rate of pay, and for any
overtime made at the overtime rate of pay, account of being displaced in violation of the agreement.
[Carrier's File: SIG 468 Docket SIG 8727]
EMPLOYES' STATEMENT OF FACTS: The Carrier has a construction gang which includes positions of Assistant Signalmen, Leading Signalmen and Signalmen, among others. Under date of April 20, 1961, Carrier
issued Bulletin No. J-2-61, which advised that five (5) Assistant Signalmen
positions, one (1) Leading Signalman position, and one (1) Signalman position would be abolished at the close of work week, Friday, May 5, 1961.
The Signalman's position abolished was not filled by the junior employe
in that class. The position abolished was held by C. C. Carter, who was
senior to B. F. Jones, Jr. The latter's position was not abolished, although
he was the junior employe in the Signalman class holding a position in the
construction gang. Both employes had common headquarters, duties, hours
and other working conditions, as they were members of the same gang.
[130]
13764-21
150
AWARD
Claim denied."
Third Division AWARD 6378 (Kelliher)
"Based
upon an analysis of all the evidence, it must be found
that the petitioners have failed to sustain the burden of proof, and,
therefore, claim is accordingly denied.
AWARD
Claim denied."
Third Division AWARD
5418 (Parker)
"* * ' Under our decisions (see e.g., Award No. 4011) the burden
of establishing facts sufficient to require or permit the allowance
of a claim is upon him who seeks its allowance, and where that
burden is not met, a denial Award is required for failure of proof.
AWARD
Claim denied."
And, there are many other Awards of the Board on this point too
numerous to mention.
In view of all the facts and circumstances shown by the Carrier in this
Ex Parts Submission, Carrier respectfully requests the Board to deny this
baseless claim in its entirety.
(Exhibits not reproduced.)
OPINION OF BOARD: We have examined the record with care, and find
that the facts presented therein do not support Petitioner's contention that a
violation of the Agreement has occurred. The claim accordingly must be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST; S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1965.