Parties
to the
Dispute
PUBLIC LAW
BOARD N0. 3542
BROTHER=.iOD OF MAINTENANCE OF WAY EMPLOYES
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM
The Carrier has violated the Current M.W. Agreement,
specifically Rules 4-E-1, 4-E-2 and the March 4, 1976
Implementing Agreement, when they failed to allow this
employe to work at the Derailment at Central Avenue on
No. 1 Branch, South Kearny, New Jersey; but instead used
contractors and employee from other Sub-Divisions to
perform work on the following listed dates:
October 12, 1979 - Used contractors and Erie Lackawanna
employee - from 3:30 p.m. until 6:30 a.m.
October 13, 1979 (15 hours punitive time);
October 13, 1919 - Used contractors_and Lehigh Valley
employee - from 7:00 a.m. until 9:00 p.m.
(14 hours punitive time);
October 15, 1979 - Used junior employe from another
. Sub-Division working as EWE - from 3:30 p.m.
_ until 11:30 p.m. (8 hours punitive time);
October 16, 1979 - Used junior employe from another
Sub-Division working as EWE - From 3:30 p.m.
until 11:00 p.m. (7h hours punitive time);
PLB-3542 -2- Award No. 26
work, by advertisement, which accrues to this Claimant.
Therefore, Carmine J. Cifelli - EWE
- being
qualified and
available, and having requested this work, should be
compensated for Forty-four and one-half (44~) hours, at
the appropriate rate of pay as an EWE, for Carrier's
refusal to allow this employe work which he ordinarily
and customarily performs.
OPINION OF THE BOARD
Claimant C. J. Cifelli (retired) was at the time of the incidents involved here a Burro Crane Operator at Headow Yards in South
Kearny, New Jersey. On October 12, 13, 15, and 16, Carrier used
employes other than Claimant to perform certain work at a derailment site. Claimant contends that he should have been used at
the location and is requesting 443I hours of pay as compensation
for not being properly assigned to the work. Claimant contends
that he was fully qualified to perform the work, was available,
and had requested the work.
Carrier denies the claim on all counts. It contends that
Claimant was not qualified to operate the specialized equipment
utilized and that he did not request to be allowed to work on the
wreck site.
This Board has reviewed the record and must conclude that
Petitioner has not carried its burden of proof in this case.
PLB-3542 -3- Award
No. 26
Mere assertion of facts are noc sufficient to justify a claim under
these conditions. This Board is sensitive to Claimant's seniority
with Carrier. As a senior employe, he is in line for extra work
if qualified. No proof of his qualifications have been presented.
Based on the information available to it, Carrier concluded that
Claimant was not qualified to operate a 25-ton D-rated crane or
a D-8 caterpillar bulldozer, the two pieces of equipment in question. This Board has no basis on which to decide otherwise.
AWARD
The claim is denied.
~.s
R.-E. Dennis,'Neutral Member
J ` d, Employe Member
0
il, Carrier Member
Date of Adoption