Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28523
THIRD DIVISION Docket No. MW-25988
90-3-84-3-336
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned junior
Laborer T. Weston instead of Laborer J. L. Jimenez to perform welder mechanic
helper's work (Carrier's File 450-MofW).
(2) Because of the aforesaid violation, J. L. Jimenez shall be
allowed the difference between what he earned as a laborer and what he should
have earned as a welder mechanic helper beginning December 1, 1982, continuing
until such time as the violation is terminated."
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.
This dispute is before the Board based on the findings in Third
Division Award 26254. In that earlier dispute the matter was remanded to the
parties for further factual material.
A review of the record of this matter indicates that the parties
failed to agree on the significance of the material which was examined in
accordance with the directive of this Board. The conclusion must be reached
that the Organization has failed to meet its burden of proof in this dispute.
It is well established that the burden to establish all essential elements
supporting a claim is upon the Organization (see for example Third Division
Award 26253). The Claim must be denied.
Form 1 Award No. 28523
Page 2 Docket No. MW-25988
90-3-84-3-336
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4~`
ancy J~ er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of August 1990.