I . The Carrier violated the Agreement when it failed to assign B&B employe

Mr. J. Angell to perform flagging work in connection with B&B Department

related work that was being performed by a contractor at Salt River Bridge

at Mile Post LH21.9, Westpoint, KY on the Louisville seniority district of the

Midwest Region, on July 21, 22, 23, 24, 25, 28, 29, 30 and August 1, 2008

and instead assigned junior employe D. Seelye (System File 162'126008/2008

031933).

2. As a consequence of the violation in Part 1 above, Claimant J. Angell shall

be compensated for eighty (80) hours at his respective straight time rate of

pay and thirty (30) hours at his respective time and one-half rate of pay."

The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.

The instant dispute alleges an out-of-seniority work assignment that occurred during the summer of 2008. After reviewing the record, however, we are compelled to find that it does not satisfy the burden of proof to establish a violation of the Agreement. The record does not establish that claimant was working in the proper department at the time to establish his eligibility for the work assignment.

The Claim is denied.

Organization Member

41-

erald E . Wallin, Esq., Chairman

J. i

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