NATIONAL RAILROAD ADJLSTENT BOARD

Award Number 22248

THIRD DIVISION Docket Number MW-22230

Nathan Lipson, Referee

(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE
(The Illinois Central Gulf Railroad Company

STATEMENT CF CLAIM: "Claim of the System Committee of the Brotherhood that

(1) The Agreement was violated when the Carrier recalled D. L. Wall to service on December 8, 1975 instead of recalling Ricky Keene whose seniority as a carpenter helper is superior to that of D. L. Wall (System File Mi-226-B&B-76134-692-337 Spl. Case No. 1044 McfW).

(2) Claimant Keene shall be allowed pay 'for eight hours a day, twenty-five days, at $5.50 per hour, from December 8, 1975 through January 9, 1976.'"

OPINION OF BOARD: Employes Keene and Wall have established seniority
dates as carpenter helpers of January 6, 1975 and
February 3, 1975, and as bridgemen as of September 16, 1974 and July 31,
1974, respectively. Keene is senior in point of seniority to Wall as a
carpenter helper but junior in point of seniority as a bridgeman.
Carrier recalled gall to service December 8, 1975 and he was compensated
at the carpenter helper's rate of pay. A claim was submitted on behalf
of Keene because he was the senior carpenter helper and was entitled to
the position. Carrier contends that Wall was improperly paid at the
carpenter helper's rate of pay as he was recalled as a bridgeman and his
rate of pay was adjusted accordingly.

A study of the record fails to conclusively show that a carpenter helper position was created at the time of Wall's recall or that Wall actually performed the duties of that class of employe during the claim period. Accordingly, the Board, without evidence of fact to substantiate Organization's allegations, will dismiss the claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

Award Number 22248 Page 2

Docket Number MW-22230

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 Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Clam dismissed.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

Dated at Chicago, Illinois, this 14th day of December 1978.

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