Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30593
Docket No. MW-29874
94-3-91-3-249
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
( Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
improperly advised Mr. K.R. Marple concerning
the exercise of his seniority and thereby
deprived him of the opportunity to exercise
his seniority on the Knoxville Section Gang
beginning February 14, 1990 [System File
4(1)(90)/12(90-440) LNR].
(2)
As a consequence of the aforesaid violation,
Mr. K.R. Marple shall be reimbursed in the
amount of seven hundred fifty-eight dollars
and forty-six cents ($758.46) for the expense
he incurred as a result of working at
locations other than Knoxville, Tennessee."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees 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
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1
Award No. 30593
Page 2 Docket No. MW-29874
94-3-91-3-249
This case poses an irreconcilable dispute in facts. Claimant
seeks expenses for Carrier's failure to allow his seniority on the
Knoxville Section Gang beginning Wednesday, February 14, 1990. In
his original claim, Claimant wrote that he reported to work at
Patty, Tennessee, on February 14 and it was not until the following
weekend that he learned that a younger man was working on the
Knoxville Section Gang. Claimant alleges that he then called his
Supervisor, who said that he had no knowledge of the junior man
working and there was nothing he could do. The Supervisor
reported, however, that Claimant never asked him to go to
Knoxville.
This Board has no means for determining what occurred in this
case. Given that Claimant bears the burden of proof here, and has
failed to meet that burden, his claim must be dismissed. We have
so held in numerous Third Division Awards. (See Third Division
Awards 28988, 27738, 26428, 26291, 26200, and 25973.)
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 2nd day of December 1994.