PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
NATIONAL RAILROAD ALA7USTMENT BOARD
THIRD DIVISION
Robert W. McAllister, Referee
(Patrick Robbins
(National Railroad Passenger Corporation (AMTRAK)
Award Number 25211
Docket Number MS-25317
"Time Claim: 6 hours loss of pay for February 10, 1982. On this date
I questioned performance of work due to hazardous conditions. At
this point my time was cut immediately without discussion."
OPINION OF BOARD: The Claimant, Patrick Robbins, has submitted a claim for six
hours pay for February 10, 1982. It is uncontested that the
weather condition was icy and cold that night. Assigned to work on the wire
train to pull in three spans of new wire, the Claimant asserts the tower platforms
were icy. He descended from the tower car platform and told his gang foreman
the icy conditions were too dangerous. He did not work thereafter.
The Carrier denied the claim for six hours. It now argues the Claimant's
submission to the Board was not timely filed and must be dismissed. Putting
aside the timeliness issue, this Board finds no evidence the conditions outlined
hereinabove posed a threat of substantial harm to Claimant's health and safety.
He was the only employee to stop working the night of February 10, 1982. We
remind all concerned that the nature of the railroad industry necessitates
operations in diverse and uncomfortable weather conditions. The Claimant has
failed to meet the burden of proof required to uphold his claim.
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 &mployes involved in this dispute are
respectively Carrier and Dnployes 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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Nd ~_ Dever-Executive Secretary
Dated at Chicago, Illinois, this 11th day of January 1985.