NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30096
Docket No. MW-30229
94-3-91-3-688
The Third Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The Agreement was violated when the Carrier
assigned junior Machine Operator Jerry West,
instead of senior Machine Operator Roger Glenn, to
perform overtime service at Madison, Illinois on
October 20, 1990 (System File 1990-25/013-293-15).
2. As a consequence of the violation referred to in
Part (1) above, Claimant Roger Glenn shall be
allowed twelve and one-half (12 1/2) hours' pay at
his time and one-half rate of pay."
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 employe 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 Organization alleges that the Carrier violated the
Agreement when it called out a junior Machine operator instead of
the Claimant on October 20, 1990, for overtime work.
The Carrier asserts that the Claimant was scheduled for work
on that date but failed to report for duty. The Claimant asserts
that no one advised him that he was scheduled to work.
Form 1 Award No. 30096
Page 2 Docket No. MW-30229
94-3-91-3-688
The Board finds that it has been presented with irreconcilable
statements of fact in this matter, and, under well-established
precedents of the Board, the Claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Catherine Loughrin Interim Secretary to the Board
Dated at Chicago, Illinois, this 4th day of April 1994.