Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28495
THIRD DIVISION Docket No. SG-28630
90-3-88-3-479
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
(Missouri Pacific Railroad Company)

STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Union Pacific Railroad
(formerly the Missouri Pacific):

Claim on behalf of L. B. Roberts for payment of $101.25 account of Carrier violated the current Signalmen's Agreement, as amended, particularly Rules 22 (b) and 19 (b), when it allowed or permitted a junior employee to displace him from Lead Signalman position in Gang No. 9470 on October 27, 1987. G. C. File: 87-41-UL."

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.



The Board has carefully reviewed the record assembled by the parties to support their respective positions. The Organization on the property asserts that the Claimant was displaced by a junior employee on October 27, 1987. However, the facts, as we are best able to determine, are not sufficiently clear for this body is dismissed for failure to carry the burden of proof.




Form 1 Award No. 28495
Page 2 Docket No. SG-28630
90-3-88-3-479
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Attest:


Dated at Chicago, Illinois, this 7th day of August 1990.