Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28752
THIRD DIVISION Docket No. MW-28323
91-3-88-3-78
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSR Transportation, Inc.(former Seaboard System
( Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier recalled junior Trackman S. A. Blanton instead of Trackman R. A. Turner to fill a temporary trackman's position on Extra Floating Force 6T06 on the Jacksonville-Tampa Division
on November 10, 11, 12, 13, 17, 18 and 19, 1986 (System File 37-SCL-87-1/12-13
(87-420)
Q1'
(2) As a consequence ·of the aforesaid violation, Mr. R. A. Turner
shall be allowed seventy (70) hours of pay at the trackman's rate."
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 employee 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 and S. A. Blanton hold trackman positions. Claimant is
senior to Blanton. At the time the dispute arose, Claimant and Blanton were
on furlough due to a force reduction. Blanton was recalled over Claimant to
fill s temporary trackman vacancy on th$ dates set forth in the Claim. The
Organization asserts that. Claimant was not contacted by the Carrier to fill
the vacancy prior to utilizing the junior employee. The Carrier argues that
it attempted to call Claimant, but he did not answer the phone.
Close review of the record shows that the Carrier has not sufficiently rebutted the Organization's showing that Claimant was not called. While the
Carrier states that it made attempts to call Claimant, there is no probative
evidence in the record upon which we can rely concerning the extent of those
efforts. Because of that lack of evidence, we must sustain the Claim for 70
hours at the straight-time trackman's rate of pay, as submitted.
Form 1 Award No. 28752
page 2 Docket No. MW-28323
91-3-88-3-78
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ^;06r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1991.