NATIONAL RAILRO&D ADJUSTMENT BQkRD
THIRD DIVISION Docket Number SG-21591
William G. Caples, Referee
(Brotherhood of Railroad Sigulamen
PARTIES TO DISPUTE:.
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the Long Island Rail Road:
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Claim No. 1. File SG-4'3-74
On behalf of H. Serper for the difference between the Helper
and Signalman rates of pay account required to drive trucks
without being paid the Signalman rate of pay September 27,
October 2, 25, 28, November 4, 8, 13, 14,
l8
and 19, 1974.
We also demand that Carrier immediately stop the practice
of Helpers driving trucks without being paid the Signalman
rate of pay.
Claim No. 2. File SG-44-74
On behalf of R. R. Marauiss for the difference between the
Helper and Signalman rate of pay account reouired to drive
trucks without being paid the Signalman rate of pay October
8,
24, November 4, 7 and 20, 1974. We also demand that
Carrier immediately stop the practice of Helpers driving
trucks without being paid the Signalman rate of pay.
Claim No. 'A. File SG-5-75
On behalf of D. Mastropasqua for the difference between the
Helper and Signalman rate of pay account required to drive
trucks without being paid the Signalman rate of pay Decmeber
6
and 13, 1974.
OPINION OF BOARD: On various dates during September, October and
November 1974, the Signalman assigned to operate
a carrier-owned vehicle was not available to do so. In their absence,
Claimants, Signalman Helpers, were assigned to perform the driving
duties.
Award Number 21677 page 2
Docket Number SG-21591
The Organization alleges this practice is a violation of the
current Agreement in that the Signalman Helpers are entitled to the difference between their
of pay when driving a vehicle because they filled a higher rated position on the dates named in each
The Carrier's position is "the current agreement does not
provide for paying" Signalman Helpers under the current agreement 'a
differential of any type when he drives a truck, neither does the
existing or previous agreements require that a helper be paid the Signalman's rate for driving a tru
The Board's comments herein are .confined. to the current agreement which the Organization alleg
We have in the record before us nothing but a bare allegation
that the current Agreement was violated. We believe the Carrier in its
statement correctly describes this matter and the precedent of this Board:
"As has been repeatedly stated by all Divisions of
the National Railroad Adjustment Board, the mere
assertion of a violation, does not, in and of itself, establish a Rule violation as a fact. The
assertion must be supported by probative proof of
a violation. In that respect, Carrier requests
the Board to take note of assertive nature of this
claim which completely ignores any basis in fact;
it is nothing more than an assertion."
The record does not indicate what part
of
parts of the Agreement the Organization alleges were violated. The Board is not constituted nor
the obligation to speculate. The burden of proof of a specific violation
of the specific part or parts of the agreement must be made and sustained.
There is failure here to so do and the claims will be dismissed.
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 Employer involved in this dispute are
respectively Carrier and r'hxployes within the meaning of the Railway Labor
Act, as approved June 21,
1934;
Award Number 21677 Pare
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Docket Number SG-21591
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; sad
The Claus are dismissed.
A W A R D
Claims dismissed
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
r.~.8cutive Secretary
Dated at Chicago, Illinois, this 31st day of August 1977.
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