Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35586
Docket No. SG-35591
01-3-99-3-510

The Third Division consisted of the regular members and in addition Referee Curtis Melberg when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



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.


Form 1 Award No. 35586
Page 2 Docket No. SG-35591


During the time in question here, the Claimant was the incumbent of a monthly rated Signal Maintainer position, Job 849, headquartered at Ashdown, Arkansas. As a monthly rated employee, his workweek and compensation were governed by Rule 46 of the parties' Agreement, reading, in part, as follows:










On Thursday, December 25, 1997, the Claimant advised the Carrier that he would be unavailable for standby call service from 4:00 P.M., Friday, December 26, until 6:00 P.M., Sunday, December 28, and that the Signal Maintainer assigned to Job 805 would be providing coverage for him over the weekend. The Carrier responded by notifying the Claimant that he could not be released from standby call service until 8:00 A.M., Saturday, December 27, and he was not.


The Organization filed the instant claim contending the Carrier wrongfully denied the Claimant a "full" weekend off by not releasing him from standby call service until 8:00 A.M. on Saturday, December 27. Rule 12(a), reading in part as follows, is cited in support of the claim:

Form 1 Award No. 35586
Page 3 Docket No. SG-35591
01-3-99-3-510
"RULE 12
CALLS (AVAILABILITY/COVERAGE AND PAY)


The Carrier denied the claim, contending the time in question, 4:00 P.M., Friday, December 26, to 8:00 A.M., Saturday, December 27, was not part of the Claimant's weekend. The Carrier asserts that the weekend did not begin for him until that Saturday at 8:00 A.M., his regular starting time, and he was free after that to enjoy his weekend. To support its definition of a Rule 12(a) "weekend," the Carrier points out that Rule 46(a), supra, defines a Signal Maintainer's weekly rest day, Sunday, as extending 24 hours from his/her regular starting time. "Since the Sunday off day begins at the regular starting time [Rule 46(a)], the weekend must begin at the starting time on Saturday, which is 8:00 a.m.," the Carrier concludes.


The issue presented, of course, is what constitutes a "weekend" within the meaning of Rule 12(a). The term is not defined in the Rule, and, as noted, both parties advanced opposing interpretations of it. As we read the record, however, the Organization offers only assertions that the Claimant's weekend began at 4:00 P.M., Friday, December 26, and at no time, either before the Board or during the handling of the claim on the property, did it present probative evidence supporting its position or rebut the Carrier's rationale that the weekend began for him at 8:00 A.M., Saturday, December 27. Accordingly, because the Organization has the burden of proving the validity of the claim, we have no alternative but to find that the Organization failed to satisfy that burden.




      Claim denied.

Form 1 Award No. 35586
Page 4 Docket No. SG-35591
01-3-99-3-510

                        ORDER


This Board, after consideration ofthe 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 24th day of July, 2001.