CASL NC . 28
Broterhood of laintenance of ,Jay Employees
and
Chicago and North Western Transportation Company
"Chin of the System Committee of the Brotherhood
that:
'· (1) The Carrier violated the Agreemeat when it failed ,and refused to
compensate the employes assigned to the track gang headquartered
at IeKalb,, Illinois for work performed in going to and from their
work location and
assembling point prior to
and continuoil^ with
their regular assigned work period (Carrier's File 81-1-245) .
" (2) Foreman W. L. Krause and
gang
members J. Saenzg F. Carreno anti
Z. Perez each be allowed fourteen and one-half
(l4
1/2) hours' .
pay at their respective
time
and
one-half rate because of the
violation referred to within Part (1) of this claim."
O
PINION OF M ARD:
put
for
the identity of the Claimants, and
different 1 (.rations
and
dates, the
same c:uestion of contract
interpretation and application is presented in the instant
case
as
in Award 116. 18 (Case No. 10). In both cases we are called upon to reconcile an apparent conflict between males 25, 30 and
34
on the one hand and Rule
43
Dn
the other.
For reasons developed
fully
in Award No. 18 we are persuaded that the resolution
of these conflictinrules requires
evidence of the
past practice between the parties.
See Paso Third Division Awards
4,5813 6&68, 8825, 9263, 9983
end 13359. Unfortunately,
hofreuer,
the record contains only belated, bare and contradictory assertions by the
parties regarding practice.
7his
is insufficient to permit us to make an informed
dank; ors that point. In the
circumstances a have no alte.tive but to dismiss
Pablic Law Board 1io. 18U, upon the
whole record and, all of the
evidence,
finds
and holds a: follows.,
1. That the Carrier and Eloye involved in this dispute are, respectively,
Carrier and pjoye within the me of the Railway Labor
Act;
2.
that the Board has
jurisdiction over the disppute involved herein; and
3. that the Claim :nest be dismissed for lack of proof.
Claim dismissed.
~:. C. Harper;- 1,1np1oy' lien,
ber
Schm3.ege' Carrier nber