Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27857
THIRD DIVISION Docket No. CL-27596
89-3-87-3-39
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10152) that:
1. Carrier violated provisions of the N&W Protective Agreement dated
April 7, 1965, as adopted on the Delaware and Hudson Railway Company, when
Claimant Rosanne H. LeFarr was adversely affected when she was displaced from
Stenographer-Clerk Position at Fort Edward, New York on November 16, 1978, and
the Carrier refused to establish a test period and compensate Claimant for
being adversely affected.
2. Carrier shall now be required to establish a test period as set
forth in said April 7, 1965 Memorandum Agreement and compensate Claimant
Rosanne H. LeFarr commencing with the month of December, 1978, and continuing
each and every month thereafter for any and every month she fails to receive
her guaranteed average monthly compensation.
3. Carrier shall further be required to compensate Claimant Rosanne
H. LeFarr interest in the amount of 18 per cent compounded annually on all
monies due in Item 2 supra on the anniversary date of this claim."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has ,jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1 Award No. 27857
Page 2 Docket No. CL-27596
89-3-87-3-39
Claim at bar is that Claimant was displaced from her Steno-Clerk
position and denied guarantee for salary as per Agreement. A careful and
thorough review of the on-property record in this case finds no probative
evidence to substantiate the Claim. The Board has searched for proof that
Claimant was put in a worse position due to the merger, rather than the Claimant's own actions or ot
were affected. A prima facie case requires more than assertion. The onproperty record lacks s
position" with respect to compensation was covered by Agreement provision
Section 2(b) of the N&W Inclusion Agreement.
The Carrier denied the Claim on the property. Carrier stated that
Claimant's earnings "were not affected by the Merger."
The Organization disputed the Carrier's position on the property and
before this Board. We have held many times that the weight of the evidence
for any claim is the responsibility of the moving party (Third Division Award
24965). The Organization has failed to meet its burden of proof in the
instant case. The Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J
e
r - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.