Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28145
THIRD DIVISION Docket No. MW-27436
89-3-86-3-729
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it directed and required
Track Foreman L. Johnson to assume the duties, responsibilities and work load
of two (2) positions during the vacation absence of Track Foreman R. P. Boney
October 7 through 11, 1985 (System File MW-86-2/443-70-A).
(2) Foreman Johnson shall be allowed an additional forty (40) hours
pay at his straight time rate because of the violation referred to in Part (1)
hereof."
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.
Claimant was employed by Carrier as the Foreman of Extra Gang 125,
assigned at Schriever, Louisiana. Foreman R. P. Boney was also assigned to
Extra Gang 112 headquartered at Schriever. From October 7 to October 11,
1985, Foreman Boney was on vacation. During that time, the gangs were combined. Claimant supervised
hours of pay because he performed the work of two foremen during the period
from October 7 to 11, 1985. His Claim was denied and forwarded to this Board
for resolution.
This Board in the past has reviewed an identical case involving the
same parties and the same men. See Third Division Award 27328. In that
Award, we denied the Claim. The difference in that case and this dispute is
that in this case, R. P. Boney was on vacation and Claimant worked. In Award
27328, Boney worked and Claimant was on vacation.
Form 1 Award No. 28145
Page 2 Docket No. MW-27436
89-3-86-3-729
A review of the record of this case reveals that the same shortcomings in the Organization's pos
While the Organization's Claim was being handled on the property, no evidence
of a probative nature was submitted to support Claimant's case. Here, as well
as there, no evidence was presented on the property with respect to the Organization's contention th
employee was transferred to the Claimant. Having failed to present such evidence on the property, th
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1989.