STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communicatlon Division, BRAC, on the Chicago, Rock Island and Pacific Railroad, that:
The Agreement between the parties effective August 1, 1947, as amended and supplemented, is on file with your Board and by this reference is made a part hereof.
Claim was timely presented, progr;ased, including conference with highest officer designated by the Carrier to receive appeals, and remained declined. The Employes, therefore, appeal to your Honorable Board for adjudication.
The dispute arose when the Supervisory Agent position at Ottumwa, Iowa became vacant as a result of the Carrier's transferring the incumbent to a supervisory position at another location on December 19, 1966. The Agreement between the parties provides that Carrier will fill vacancies occurring on such positions by selection of an employe holding seniority tinder the Telegraphers' Agreement. The Supervisory Agent position at Ottumwa was vacant from December i9, 1966 until May 22, 1967, during which time the work of the position was performed by a Chief Clerk at Ottumwa. On or about May 22, 1967, the duties of the Supervisory Agent position were assigned to the first shift telegrapher at Ottumwa in addition to his other duties.
The Employes contend Carrier was in violation of the Agreement in failing to fill the vacancy from December 19, 1966 until May 22, 1967, and instead used an employe from another craft to perform the work of the Supervisory Agent position.
3. The position of Supervisory Agent at Ottumwa, Iowa, was listed as a Group 1-B Supervisery Agency under Memorandum "D" of the Agreement during the time period covered by this claim.
4. The position of Supervisory Agent at Ottumwa, Iowa, became vacant December 19, 1966, as a result of the incumbent accepting another appointment.
6. This position remained unoccupied until May 22, 1967, when Carrier appointed Mr. R. L. Stanton to fill the position.
6. Through letter dated June 5, 1967 (14 days after the Carrier filled the position by appointment) District Chairman Edris presented Carrier with a claim for S hours, pro rata rate, beginning April 5, 1967 and daily thereafter until position filled, account Supervisory Agency at Ottumwa, Iowa blanked. Claim made for senior telegrapher idle on rest day on each respective date, citing Rule 1 and Memorandum "D."
OPINION OF BOARD: The position of Supervisory Agent at Ottumwa, Iowa, became vacant on December 19, 1966, and was filled on May 22, 1967, by appointment of an employe covered by the Telegraphers' Agreement. On June 5, 1967, the Telegraphers' Organization filed claim alleging that the vacancy was filled prior to May 22, 1967, by an employe outside the agreement contrary to the provisions of Memorandum "D."
Carrier denies that the position was filled prior to play 22, 1967, and the Employes have not submitted any evidence to refute the Carrier's defense.
It is well settled that in meeting its burden of proof a petitioner must submit evidence of probative value to support its allegations, Mere assertion is not proof. Accordingly the claim will be dismissed for failure of proof.
FINDINGS; The Third Division of the Adjustment Board, 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, 19::4;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and