BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6698) that:
EMPLOYES' STATEMENT OF FACTS: The Carrier has maintained 3 shifts working around the clock for the performance of work in connection with opening car doors and preparing sugar cars for loading at Oakland Mole.
This position, Checker-Janitor, was established with assigned hours of 4:00 A. M. to 1:00 P. M. (Employes' Exhibit No. 1) and assigned to Mr. N. B. Stephenson.
Mr. Stephenson filed a Statement of Overtime claim on September 19, 1968 and the claim was denied by Timekeeper on October 8, 1968. (Employes' Exhibits No. 2 and No. 3.)
The claim was then appealed to Superintendent J. C. Lusar on December 3, 1968 and declined on December 18, 1968. (Employes' Exhibits Nos. 4 and 5.)
Claim appealed to Manager of Personnel, W. A. Tussey on January 31, 1969. (Employes' Exhibit No. 6.)
Claim was discussed in conference March 4, 1969 and subsequently declined March 17, 1969. (Employes' Exhibit No. 7.)
Exhibit B). Attached as Carrier's Exhibits C, D, E, F, G and H are copies of the correspondence in connection with the progression of the instant claim on the property.
Copy of the controlling agreement between Carrier and the Brotherhood of Railway Clerks, effective December 16, 1943, Revised September 16, 1965 is on file with the Third Division, National Railroad Adjustment Board and is hereby incorporated herein by reference. Rule 16 of said Agreement is quoted below for your Board's ready reference.
OPINION OF BOARD: The Petitioner alleges a violation of Rule 16 of the applicable Agreement, which reads:
The position involved is that of checker-janitor at Oakland Mole, with assigned hours of 4:00 A. M. to 1:00 P. M., which hours the Carrier contends are necessary to meet service requirements and are permissible under the second paragraph of the above-mentioned rule.
The Petitioner contends that Carrier has maintained three shifts working around the clock for the performance of work in connection with opening car doors and preparing sugar cars for loading at Oakland Mole. The Carrier denies such contention, stating that at no time in over forty years of operation of the sugar dock has it ever maintained a three-shift operation for the performance of work in connection with sugar loading, and that work in connection with sugar loading has always been performed solely on one shift a day, five days a week.
It is well settled that in proceedings before this Board it is essential that the Petitioner prove all essential elements of its claim and that mere allegations and assertions are not proof (Award 17954).
The Petitioner has not presented probative evidence in support of its contention. We will, therefore, dismiss the claim for failure of the Petitioner to meet its required burden of proof.