PARTIES TO DISPITJL

STATEMENT OF CIAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The carrier violated the Agreement when it assigned junior Machine Operator B. Britt to perform overtime service on August 25, 26 and 27, 1979 instead of calling and using Machine Operator J. C. McMprria who was senior, available and willing to perform that service (System File B-1't33/D-9937).

 (2) Machine Operator J. C. McMorris shall be allowed eighteen and one-half (18-1/2) hours of pay at his time and one-half rate because of the aforesaid violation."

 OPINION OF BOARD: In its submission to this Board the Organization asserts
 that the Claimant was senior to certain individuals who
 performed overtime service on claim dates.

 The Hoard has considered the dispute as it was handled on the property and we have noted significant confusion as to the precise claim presented. In fact, the Carrier raised the issue that it was not certain what rights the Claimant was asserting and what position he should have been filling.

 Inasmuch as the record is rather imprecise concerning the asserted violation and because the Organization has the burden in this case we have no alternative but to dismiss the case for failure of proof.



That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee 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


                      A W A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        · By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By ~~r~..
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 5th day of January 1983.

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