Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31614
Docket No. MW-31152
96-3-93-3-181
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin 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 recalled from
furlough junior employe D. E. Rich to fill a spiker gauger machine
operator's position at Dickson, Tennessee, on January 2, 1992, instead of
calling senior furloughed employe B. A. Hopper [System File 14 (4) (92)/12
(92-305) LNR1.
2. As a consequence of the violation referred to in Part (1) above,
Claimant B. A. Hopper shall now be allowed eight (8) hours of
compensation at the straight time Rank 3 rate of pay for January 2, 3, 6,
7,8,9,10,13,14,15,16and17,1992."
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. 31614
Page 2 Docket No. MW-31152
96-3-93-3-181
It is undisputed that Carrier recalled an employee who was junior in seniority to
the Claimant on the date in question. At issue is whether Claimant complied with Rule
21(g). Rule 21(g) provides:
"When employes laid off by reason of force reduction desire to retain their
seniority rights they must file their address, in writing, not later than 10
days from time cut off. This notice from the employe must be sent in
duplicate to the Division Engineer, who will return one copy, receipted, to
the employe. Periodic renewal of address is not thereafter required, but
the employe is required to advise promptly in similar manner of any
change in address. When his time comes for recall to the service, handling
will be given in line with Rule 22(f). Employes protecting their seniority
under this rule will not be required to renew their address because of being
used on temporary or extra work."
Carrier maintains that Claimant failed to file his address in accordance with Rule
21(g). The Organization asserts that Claimant filed his address and that he was
subsequently recalled to service. Assertions, however, are not evidence. The record
contains no documentation or other evidence that Claimant filed his address in
accordance with Rule 21(g) or even that he was recalled as asserted by the Organization.
Because the Organization bears the burden of proof on this claim, it must be denied.
AWARD
Claim denied.
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 29th day of August 1996.