Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT Claims on behalf of Trackman Fred (.arson for five
F
CLAIM: hours on account of Howard Snyder a;id James D--ters
working at derailments on September '_3 (Case No. -
26) and 22, 1977 (Case No. 27) and John Hick-qc ._
and James Deters working at derailmen- on Septem
ber 25, 1977 (Case No. 28).
FINDINGS: Petitioner contends that junior employes were
used instead of claimant on each of the claim
dates in these three cases to work at a derail- -
ment. According to Carrier, Supervisor Mincer
attempted to reach claimant bY telephone on each
date, but met with no success in that regard.
Claimant insists that he was 'iome and .available
on those dates. -
2
As an appellate board, we are not in a position
to resolve questions of credibility, particularly w'iere, as hers,
neither party has presented sufficient decails_. W.= do not have
an opportunity to hear the witnesses and observe their demeanor.
The burden of establishing the essential elements
of the claim rests with claimant. The claim must be dismissed
on the basis of this record. See Third Division Awards 21423
and 20408.
AWARD: Claim denied.
Adopted at Baltimore, Maryland,IC~-~c~, 1981).-
i
Harold M. Weston, Chairman
Carrier Member Emplove Member
~63a
-9