NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24341
Tedford E. Schoonover, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Norfolk & Western Railway Company:
On behalf of Assistant Signalman J. C, Norton, Signal Gang #2, for the
difference ($1.00 per hour) between the Assistant Signalman and Signal Maintainer
rates of pay far January 18, 21, 22, 23, 24, 25, 28, 29, 30, 31, February 1, 4,
5,
6, 7,
8, 11, 12, 13, 14, 15, 18, 19, 20, 21, & 22, 1980, for a total of
$208.00, account temporary Signal Maintainer position at Claypool, Indiana,
not bulletined and assigned in accordance with Rules 505(a) and 505(d) of the
current Signalmen's Agreement."
OPINION OF BOARD: Here we have a claim on behalf of an Assistant Signalman
far the difference in pay between his rate of pay and that
of a Signal Maintainer alleging that if the Carrier had bulletined a vacant
position at an earlier date than they actually did, Claimant could have been
used to fill the vacancy pending assignment.
We have carefully reviewed the entire record in this case and have
considered all of the arguments advanced by the parties. We are, however,
unable to find in the record that Petitioner has supported their allegations
with probative evidence of a Rule violation by Carrier. As was said in Award
No. 20290 (Sickles): "in order to prevail the moving party must establish
its claim by a preponderance of probative evidence".
Given the paucity of evidence addressed by Petitioner in this case,
we have no alternative but to conclude that the record does not support the
claim as presented. We must, therefore, deny the claim as presented.
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
That the Agreement was not violated.
Award Number 24052
Docket Number SG-24341
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Page 2
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Thfr d Division
i ~ v
~' Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of November 1982.
