Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28338
THIRD DIVISION Docket No. MW-27366
90-3-86-3-591
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, on May 31 and June 3, 1985,
respectively, Foreman Richard Bowman operated the tamper and ballast regulator
on Gang 501 (System File B-1586-2/EMWC 85-9-30).
(2) The Agreement was also violated when the Carrier failed to
bulletin the truck driver's position on Gang 501 and instead assigned Foreman
Richard Bowman or Machine Operator Dale Haire to operate the truck on a regular daily basis beginnin
(3) Mr. J. E. Rhodes shall be compensated for all wage loss suffered
as a consequence of the violations referred to in Parts (1) and (2) 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.
The thrust of this Claim concerns Foremen doing machine operators
work and driving a gang truck. On July 9, 1985, the Organization filed a
Claim contending that a Foreman operated a machine on several dates and had
driven a gang truck on several occasions. Carrier's Superintendent immediately asked that the Organi
of the alleged violations so that he could investigate the matter.
Form 1 Award No. 28338
Page 2 Docket No. MW-27366
90-3-86-3-591
The Organization responded:
"On May 31, 1985 Richard Bowman ran the tamper
and on June 3, 1985 he ran the regulator. Also,
since May 29, 1985 the truck has been driven
either by the foreman, Richard Bowman, or the
operator of the gang."
After this response was received the Superintendent declined the Claim stating:
"Please be advised that I have checked payrolls
on May 31, 1985, and June 3, 1985, and it does
not show Mr. Bowman running the tamper or the
regulator. Also I checked the payroll on May
29th, 1985 and it does not show Richard Bowman
driving the truck or the operator driving the
truck."
Thereafter, the matter was appealed, but the Organization never submitted proof in support of it
Organization stated that it could not agree with the declination, however,
that is all that was stated. At that time, or later, it never submitted evidence in. support of its
the facts.
The burden is on the party making a claim, that its Agreement is
violated, to make a showing in support thereof. Allegation, without more, is
not proof, nor can it be considered as adequate support for this Claim that
the Foreman was doing work which should have been assigned to Claimant.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1990.