Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30875
Docket No. MS-30567
95-3-92-3-343
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(J. L. Bright
PARTIES TO DISPUTE:
(Atchison, Topeka & Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the Union that:
(a) Carrier violated the Signalmen's Agreement,
particularly Rule 17, when it assigned M. R. Tomlin, a
temporary Signal Inspector, to perform Signal Maintainer
relief work at Caldwell, Texas, at the close of his
temporary assignment, beginning at 4:30 pm, June 15,
1990, instead of assigning senior gang 43 Signalman J. L.
Bright. Mr. Tomlin's assignment at Caldwell ended 7:30
am, July 2, 1990.
(b) Carrier should now be required to pay Mr. Bright all
regular wages and overtime paid Mr. Tomlin during the
assignment outlined in (b) above. Such wages represent
lost wages for Mr. Bright because of his loss of work
opportunity.
(c) Carrier should reimburse Mr. Bright expenses for
meals as follows: Breakfast June 19 through 22 and 26
through 29, 1990, and evening meals June 18 through 21
and 25 through 28, 1990."
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
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award No. 30875
Page 2 Docket No. MS-30567
95-3-92-3-343
Claimant argues that Carrier improperly assigned a junior
employee to perform Signal Maintainer relief work during the period
June 15 to July 2, 1990. Claimant contends that when
assignments
from a signal gang are made that Rule 17 - Detached Service
applies. According to Claimant, this requires canvassing of the
gang signalmen and assigning the senior willing employee. Carrier
disputes Claimants position and argues, in fact, that Claimant
suffered no monetary damages as a result of the assignment to
another Signalman.
It is well established that the individual or side making an
assertion has the burden of proof. Countless Board Awards have
established this principle.
Here, Claimant has failed to meet this burden of proof. As
such, we must conclude that the claim be denied.
AWARD
Claim denied.
O R D E R
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 loth day of May 1995.