duty at Pittsburg by Bell Telephone and told him to receive from the KCS the train numbers, lead units, calling times, names of KCS crews and the total number of cars in such trains. When the Yard Clerk in question requested such information from the KCS, the Trainmaster on the KCS called this Carrier's Night Chief Dispatcher at Fort Scott and gave him such information over the Bell Telephone.

There was a telegrapher on duty at Cherokee, Kansas, eight miles from Pittsburg, who handled train orders and passed information to and from train crews and the train dispatcher.

There is no evidence that any employe at Pittsburg was required on the claim dates to receive and forward written messages.

There is no evidence to support the Organization's charge that Yard Clerks made OS reports of arrival and departure times of KCS trains on the claim dates. In fact, Train Dispatcher W. V. Claybourn, Carrier's Exhibit A-3, states:

"On January 3rd, I did gather up the delay reports on these movements which had arrived here in the office and completed train sheet records on most of them."

It is the Carrier's position that the Employes' claim has neither merit nor Agreement support and should be denied in its entirety.

In Item 2 of its Statement of Claim to the Board, the Organization claims an amount equivalent to one day's pay at the time and one-half rate for each of the above noted dates. Under no circumstances is the Claimant entitled to pay at the time and one-half rate. The Board has consistently held that the proper rate of pay for work not performed is at the pro rata rate.

The claim is lacking in both merit and Agreement support and the Board is requested to find in favor of the Carrier and deny the claim in its entirety.

(Exhibits not reproduced.)

OPINION OF BOARD: The Organization bases the claim here involved upon work allegedly performed by clerks at Pittsburg, Kansas on January 1, 1961 and January 2, 1961. The Organization asserts that on these dates the clerks were pressed into service as telegraphers and, as such, reported trains to the dispatcher at Ft. Scott.

The Carrier denies that any such reports were made by clerks or that any act in violation of the agreement occurred as alleged.

We have searched the record carefully and we are unable to find any evidence therein to support the allegations made by the Organization that the clerks made train reports. The Organization has failed to meet its burden of proof. For this reason, the claim must be denied.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That the Agreement has not been violated.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary