Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33616
Docket No. CL-33653
99-3-97-3-135
The Third Division consisted of the regular members and in addition Referee
John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE
:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-11695)
that:
This claim is on behalf of Ms. Beverly Myers, Clerk, Collections
Department, Boston and Maine Corporation (Springfield Terminal
Railway Company). The Claim [sic] is for four (4) hours time and one-half
for the following dates:
May 22, 23, 24 and 25, 1995.
The Carrier violated the Agreement when it allowed a junior
employee to perform overtime. The Carrier violated Rules 17 and 18."
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
Page 2
Award No. 33616
Docket No. CL-33653
99-3-97-3-135
Claimant, a Clerk in the Carrier's Collections Department at North Billerica,
''r
Massachusetts, seeks four hours of overtime pay for May 22, 23, 24 and 25, 1995.
Claimant charges that on those four dates, the Carrier assigned a junior employee to
perform overtime service even though Claimant was available and qualified to perform
the work.
Despite repeated requests by the Carrier that the Organization identify the work
in dispute, the Organization failed to muster facts or evidence demonstrating or
describing the type of work which a junior employee purportedly performed on the
claim dates. Absent evidence concerning the type of work at issue, we must deny this
claim.
AWARD
Claim denied.
law
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day of November 1999.