NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26438

THIRD DIVISION Docket Number MS-26436

Elliott H. Goldstein, Referee

(Ramon Lozano PARTIES TO DISPUTE:

(Elgin, Joliet and Eastern Railway Company

STATEMENT OF CLAIM:

"Claim ICG-2-84/VM-21-84 regarding my time claims for dates of April 1, 12, 13, 20, and 27, 1984."

OPINION OF BOARD: On April 1, 12, 13, 20 and 27, 1984, the Carrier utilized a
Welder and Welder Helper to perform work on an overtime basis. Claimant, a Welder Foreman, was not called to direct this work. After the Claim was declined at each step on the property, Claimant individually instituted proceedings before this Board on May 23, 1985.

Claimant maintains that he is entitled to compensation because the Welders who performed the jobs in question were supervised by other supervisors, when the supervisor Senior Welding Foreman.

After careful consideration of this matter, the Board must reject Claimant's contentions. This Board has consistently held that, unless otherwise specifically provide assigned to supervise a group of employes. The burden of proof is on the Claimant to show that some Rule of the Agreement has been violated. The Claimant in the instant case has failed to sustain that burden. Accordingly, we must deny the 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 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 26438 Page 2

Docket Number MS-26436

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

Naer - Executive Secretary

Dated at Chicago, Illinois, this 24th day of August 1987.