Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36024
Docket No. CL-36701
02-3-01-3-238

The Third Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.

(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM:






























Form 1 Award No. 36024
Page 2 Docket No. CL-36701
02-3-01-3-238
compensate E. Thrum for this vacancy at the time and
one-half rate of a Janitor's position (114.24) for
Saturday, September 4, 1999, which she would have
received had she been properly called.











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.




Claimant Thrum worked as a Clerk in Providence, Rhode Island. She transferred to a position in Boston, Massachusetts. Prior to her departure to Boston, she informed local supervision in writing that she would like to remain on the overtime list for the Providence and Kingston Stations. On October 24, 1999, a claim was filed by the Claimant alleging that she had been bypassed for three possible vacancies on September 4 and one on September 6, 1999. The claim was denied at all levels on the property and was placed before this Board for resolution.


The Board reviewed the record and has concluded that each of the positions alleged by the Claimant that she should have been called for were filled by the Providence incumbents. A dispute arose over the issue of the Carrier not supplying the Organization with Force Sheets so that it could check the work status of each of the incumbent employees whom the Carrier claimed had worked the jobs in question. The Carrier never supplied the records requested. The Board is of the opinion that cooperation with the Organization on this issue would have been more desirable than

Form 1 Award No. 36024
Page 3 Docket No. CL-36701


what took place. In the final analysis, however, a claim such as this is the Organization's obligation to prove. It has not done so in this instance.



      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 21st day of May, 2002.