Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32725
Docket No. SG-33507
98-3-96-3-1051
The Third Division consisted of the regular members and in addition Referee
James E. Yost when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
( Ohio Railway Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (C&O):
Claim on behalf of C.N. Turner for payment of two hours and 40
minutes at the time and one-half rate, account Carrier violated the current
Signalmen's Agreement. particularly the Scope Rule, when it used a noncovered employee to perform si
Subdivision on October 22, 1995, and deprived the Claimant of the
opportunity to perform this work. Carrier's File No. 15 (96-27). General
Chairman's File No. 96-09-CD. BRS File Case No. 9918-C&O."
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 were given due notice of hearing thereon.
Form 1 Award No. 32725
Page 2 Docket No. SG-33507
98-3-96-3-1051
The claim seeks payment of two hours 40 minutes at the time and one-half rate
account other than a Signalman allegedly performed signal inspection work.
Evidence of record reveals that on October 22, 1995, Train 621118 encountered
a broken rail on the Rivanna Subdivision and that Carrier called a Roadmaster to check
the track structure for the broken rail. The Organization produced no evidence in
support of its assertion that other than Signalmen performed any Signalmen's work on
that date.
The Roadmaster found the broken rail and arranged for it to be repaired. No
signal circuits were repaired until Monday, October 23, 1995.
The Organization, as the moving party, has the burden of proving a violation of
its Agreement. That burden was not met in the handling on the property, and the claim
must therefore 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 19th day of August 1998.