Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29105
THIRD DIVISION Docket No. MW-28211
92-3-87-3-797
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:
(CSX 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 assigned junior Cook
J. L. Bryant instead of Cook W. J. Wilson to perform overtime service on
System Force 5X11 on a regular basis during January and February 1986 [System
File WJW-86-21/12-27(86-261) Q].
(2) As a consequence of the aforesaid violation, Claimant W. J.
Wilson shall be compensated for all overtime wage loss suffered beginning
sixty (60) days retroactive from March 25, 1986 and continuing until such time
as the violation is corrected."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, _'inds 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.
At the relevant time, Claimant and J. L. Bryant held positions as
cooks on Rail Gang 5X11 at Lakeland, Florida, with Claimant being the senior
employee. The record shows that the Carrier operated two separate kitchens
for that gang. In this matter, Claimant asserts that, as the senior employee,
he was entitled to cook's overtime performed by the kitchen in which Bryant
worked.
The Carrier, through the statement of its Production Supervisor,
asserts that when Claimant first came to the gang in December 1985, he was
advised that two kitchens were operated with Claimant as the senior cook in
one kitchen and Bryant as the senior cook in the other. The Production
Supervisor also stated that Claimant was informed that by practice, overtime
for a kitchen would be handled with respect to the individual kitchen. Further, according to the ?ro
this arrangement.
Form 1 Award No. 29105
Page 2 Docket No. MW-28211
92-3-87-3-797
The Organization disputes the Production Supervisor's assertions.
Specifically, the organization asserts that Claimant denies that he acquiesced
with respect to the handling of overtime on a kitchen by kitchen basis.
In this contract dispute, the Organization carries the burden of
demonstrating a violation of the Agreement. At best, there is an irreconcilable dispute in facts. Th
dismiss the claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. De Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.