NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21890
George S. Roukis, Referee
(Lewis C. Megginson, Jr.
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: (1) Carrier violated the Agreement when it required
Clerk Lewis C. Megginson, Jr. on March 20, 1975
between the hours of 7:00 am and 3 pm at Portsmouth, Va. to perform duties
which by history and tradition are performed by Yardmasters.
(2) Carrier shall compensate Lewis C. Megginson, Jr. the
difference in pay between his clerical position and the Yardmaster position
at Portsmouth, Va. ($41.03 & $53.92 respectively) for March 20, 1975 and
each day thereafter so long as the violation continues.
(3) Carrier shall cease to require Mr. L. C. Megginson, Jr., or
any other employees covered under the scope of said Agreement to exercise
supervision over yard crews unless they are promoted to Yardmaster and are
working as Yardmaster in accordance with Rule 43.
OPINION OF BOARD: The claimant is contending for yardmaster's rate of
pay. It is axiomatic that in proceedings before this
Board, the burden of proof is upon the Petitioner to prove the essential
elements of the claim.
The record indicates that the alleged basis for Petitioner's
claim is that he was required to relay instructions from the Agent-General
Yardmaster to yara crews. There is no evidence of supervision of yard
crews by claimant, or that he makes decisions as to work to be performed.
It is well settled by Awards of the Fourth Division that the relaying of
instructions is not yardmaster's work. In Third Division Award 19221 we
held:
"The Board has ruled in many instances, that, in
attempting to preserve certain rates, the comparison
must be made between positions within the scope of
one Agreement, not by comparing the rate of a
position of one craft or class covered by one
Agreement with the rate of a position of another
craft or class covered by another Agreement."
The Petitioner has failed to present evidence to support the
claim. It will, therefore, be denied.
Award Number 21628 Page 2
Docket Number MS-21890
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
The Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:. pwtAl
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1977.
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