Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36164
- Docket No. SG-36143
02-3-00-3-331
The Third Division consisted of the regular members and in addition Referee James
E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake and
( 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 L. E. Nicely for payment of two hours and forty minutes at
the time and one-half rate, account Carrier violated the current Signalmen's
_ Agreement, particularly Rule 25, when it failed to call the Claimant to ascertain
the cause of a track circuit light at Mile Post 326, at or near Roncerverte, West
Virginia on February 13, 1999, and instead used a person not covered by the
Agreement to perform the covered work. Carrier's File No. 15 (99-117).
General Chairman's File No. 99-24-CD. BRS File Case No. 11180-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.
This claim requests payment of two hours and 40 minutes at the time and one-half rate
based on an allegation the Carrier violated Rule 25 of the Agreement when it failed to call the
Claimant for some signal work that had allegedly been performed by some unidentified person
who was not covered by the Signalman's Agreement.
Form 1 Award No. 36164
Page 2 Docket No. SG-36143
02-3-00-3-331
Rule 25 - WORK OUTSIDE OF ASSIGNED HOURS reads in pertinent part as
follows:
"Employees assigned to or filling vacancies on Independent Signal Maintainer
positions will notify the person designated by the management where they may
be called and
will
respond promptly when called. If they are needed for work
outside of regularly assigned hours, the Independent Signal Maintainer on
whose territory the work is required will be called first. If not available, the
Leading Signal Maintainer and Signal Maintainer assigned to a Signal
Maintenance Unit on the territory where the work is required will be called in
order of their seniority as Signalmen. If these are not available, another
qualified employee will be called. When an Independent Signal Maintainer
knows that he will not be available for calls on his days off duty, he will notify
the designated person and there will be no obligation to attempt to call him.
This will not apply to monthly rated Signal Inspectors covered by Rule 54."
From our examination of the record, there is no evidence to support the contention that
anyone other than Signalmen performed any Signalman's work. As the moving party, it is
incumbent upon the Organization to prove by probative evidence that a violation of the
Agreement occurred. That burden has not been met in this case. Therefore, the claim 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 20th day of August 2002.