The Agreement was violated when the Carrier failed to call and assign Mr. D. Swane to perform overtime protection services for a contractor operating a hy-tracker machine on the Gila Subdivision between Mile Posts 885 and 88'7 an January 15, 2012 and between Mile Posts 888 and 890 on January 24, 2010 and instead called and assigned junior employe G. Jameson (System File R-1035U-303/1532$90).
As a consequence of the violation referred to in Part (1) above, Claimant D. Swane shall now be compensated for twenty-four (24) hours at his respective time and one-half rate of pay."
The Organization contends that the Claimant was the regularly assigned employee working compressed halves and should have been performing the protection work during the off days of January 15 and 25, 2010. The Carrier counters that track protection can be provided by ante employee and that junior employee G. Jameson was providing track protection continuous with his regular assignment.
The Board reviewed the record evidence. The burden is on the Organization to establish a violation of the Agreement. The Organization claims a violation of Rule 20(h) when the Carrier utilized Semi-Truck Operator Jameson to perform flagging on the two days in question.
Rule 20(h) - Work on Unassigned Day, provides that the work should go to employees with less than 40 hours during that workweek or "in all other cases by the regular employee."
The burden is on the Organization to prove that the Claimant was the regular employee who should have been called for the disputed work. The Organization failed to rebut the Carrier's assertion that Jameson was the regular employee for the work at issue here. Accordingly, the claim must be denied.