Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
DANTE: and
- Baltimore and,. Ohio Railroad Company
STATEMENT Claim on behalf of Richard E. Simmons for 71 hours
OF
CLAIM: at time and one-hhlf rate for Sunday, May 7, 1978,
account junior employe Glen Brooks working at de
railment in Wilsmere Yard on said date.
FINDINGS: An employe junior to claimant was used to perform
repair service at Wilsmere Yard on May 6 and 7,
1978.
Foreman Tansley maintains that he did try to call
claimant by telephone for the work on May 7, but that his efforts
met without success. Claimant denies that the call was made.
The burden of proof rests with Petitioner and we
are not. in a position, as an appellate board, to resolve questions
of credibility where, as here, no persuasive ground is disclosed
by the record for rejecting the foreman's statement and we have no
opportunity, to observe the witnesses' demeanor.
2
z-77g-`12
AWARD: Claim denied.
Adopted at Baltimore, Maryland, ~~
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198,x.
Harold-M. eston, C airman
Carrier Member Employe Member