In conclusion, the caLrier respectfully asserts that the claim of the Employes in the instant dispute is entirely without merit or support under the agreement rules and should be denied in its entirety.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The .parties to said dispute were given due notice of hearing thereon.

Fort Worth and Cleburne are separate seniority points for carmen, and Saginaw a small intermediate town, 36 miles from Cleburne and 7.9 miles from Fort Worth. Its Yard is separated from the North Fort Worth Yard by 2.3 miles of main line track. Carrier maintains a small car repair force at Fort Worth, a large force at Cleburne, and none at Saginaw. One car inspector assigned to work at North Fort Worth makes a daily trip to Saginaw to inspect cars set out there.

Carrier on the involved dates sent three carmen and a laborer from Cleburne to Saginaw where they repaired some box cars for shipping grain. Claimants, who are carmen employed at Fort Worth, assert that Saginaw is located within the Fort Worth seniority district where they held exclusive. seniority under Rule 28 (a) reading in part:

"Seniority of employes covered by this agreement shall be confined to the point or district in which employed . . . ."

Carrier asserts that Saginaw is not a part of Fort Worth nor within its seniority district but an outlying point between districts to which it may send carmen from other points under Rule 11 (a) which reads, in part:

"Employes sent out to temporarily fill vacancies at an outlying point or shop, or sent out on a temporary transfer to an outlying point or shop . . . ."

Since the organization asserts a limitation on carrier's right to assign labor, it has the burden of proof. Its relied on rule confines seniority to the

orth with separate yard, therefore presumably a separate point under the rule. It is not included in any demarcation of Fort Worth Yards or any definition of them. The use of a car inspector assigned to North Fort Worth at Saginaw is as consistent with carrier's contention that Saginaw is an outlying point where it may assign carmen from other districts as with claimant's contention that it is within the Fort Worth district. Claimants have not sustained their burden of proof.

AWARD