NATIONAL RAILROAD AIIJUSTMENT BOARD
THIRD DIVISION Locket Number MW-26193
(Brotherhood of Maintenance of Way Employes
PARTIES 7b DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it failed to maintain the
required ratio of No. 2 Bridgemen in the Bridge and Building Gangs and thereby
denied Mr. J. D. Jackson an opportunity to exercise his seniority in the No. 2
Bridgenan's class (System File MW-83-39-CB/53-679).
2. As a consequence of the aforesaid violation, Claimant J. D. Jackson shall be compensated for
1983 and continuing until the violation is corrected and he shall be reimbursed in the amount of 522
OPINION OF BOARD: On November 15, 1983, Claimant filed a Claim for wages lost
because of Carrier's alleged violation of Article 16, Sec
tion 22, of the Parties' Agreement. In the course of handling on the proper
ty, the organization maintained that this violation came about as the result
of Carrier's abolishing all No. 2 Bridgemen positions in the B&B Department.
In reviewing this Claim, however, we find the record on the property
to be barren of any evidence of a probative nature to support Claimant's case.
It is a basic tenet of the Railway Labor Act that all evidence to support a
Claim must be advanced by the Parties on the property prior to progressing the
Claim to the National Railroad Adjustment Board. That was not done in this
instance and the Claim must consequently be denied.
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 26228 Page 2
Docket Number MW-26193
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1987.