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:


_ Agreement, particularly Rule 25, when it failed to call the Claimant to ascertain





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.




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


Rule 25 - WORK OUTSIDE OF ASSIGNED HOURS reads in pertinent part as follows:



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.








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.