THIRD DIVISION
(Supplemental)
PENNSYLVANIA NEW YORK CENTRAL TRANSPORTATION
COMPANY
(Northeastern Region, Boston and Albany Division)
meeting at Springfield, Massachusetts, were paid their regular day's pay plus any expenses involved in accordance with Rule 17 of the Agreement.
On October 10, 1966, the General Chairman wrote the Signal Supervisor, making claim for the difference in pay between Leading Signal Mechanic and that of Signal Foreman at Framingham, Massachusetts, for Messrs. Torte and Locke; and for the difference in pay between that of Signal Maintainer and that of Leading Signal Maintainer at Worcester, Massachusetts for Messrs. Tomasetti and LaFrance for eight hours on September 27, 1966 on the basis that the Foreman and Leaders of the Worcester and Framingham gangs were absent from Worcester and Framingham and contending claimants covered assignments of the Foremen and Leaders in the absence of their leaders.
Claim was denied by the Signal Supervisor on November 21, 1966 on the basis that the Foremen and Leaders involved started and ended their work day at their Headquarters (Carrier's Exhibit B). Claim was then appealed to the District Signal Engineer on November 23, 1966 (Carrier's Exhibit C). The District Signal Engineer denied the claim on December 13, 1966 (Carrier's Exhibit D). The claim was next appealed to Carrier's highest appeals officer on December 20, 1966 (Carrier's Exhibit E). Claim was denied on February 8, 1967 (Carrier's Exhibit F). Conference with the General Chairman was head on March 3, 1967, subsequent to which, on March 23, 1967, Carrier reaffirmed its denial (Carrier's Exhibit G). The General Chairman was not satisfied with Carrier's decision and, for the reasons outlined in his letter of March 24, 1967, listed the claim for handling by the NRAB (Carrier's Exhibit H.)
OPINION OF BOARD: On September 27, 1966, Carrier called Signal Foremen and Leading Signal Maintainers to a meeting. According to the Organization this left Leading Signal Mechanics Tarte and Locke as Foremen, and Signal Maintainers Tomasetti and LaFrance as Leading Signal Maintainers. The Organization claims that the Claimants (Tarts, Locke, Tomasetti and LaFrance) should be paid the difference, for eight (8) hours, between what they were paid and the higher pay of the position they allegedly worked on that day.
The burden is upon the Claimants to prove all essential elements of their claim, assertions and implications cannot substantiate a claim. The Board after considering the evidence submitted on the property, in this case, must find that there was no evidence shown that the Claimants performed the work of the higher rated positions. In light of this finding, the Board must hold that the Agreement was not violated and therefore the claim should be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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;