NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21911
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Lehigh Valley Railroad Company)
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8261, that:
(a) Carrier violated the Rules Agreement effective May 1,
1955, particularly Rule 21, 36, 43, 44 and the provisions of the
applicable Extra List Agreement, when it required or permitted a
regularly assigned Investigator in the Office of Manager Freight Claims &
Prevention to regularly commence the work of his position not less than
one (1) hour prior to the assigned on-duty time and failed to compensate
said Investigator for the resulting overtime work.
(b) Carrier now be required to compensate Joseph P. Donohue,
the regularly assigned incumbent of said Investigator position for one
(1) hour at the punitive or overtime rate of that position for each day
on which he performed service commencing January 27, 1975, and continuing
until said Rules violation is corrected.
OPINION OF BOARD: The facts which have been pled and proven in this
case are insufficient to support the claim.
This case must be denied for a failure of proof.
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;
Award Number 21974 Page 2
Docket Number CL-21911
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 31st day of Ierch 1978.
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