Clement P. Cull, Referee


      (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Division, BRAC) PARTIES TO DISPUTE: (Penn Central Transportation Company, Debtor


      STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Com

      munication Division, BRAG, on the Penn Central Company,

      T-C 5820, that:


                  CLAIM N0. 1


                                          Car File: RR Dkt. 11562-NH

                                          Com. File: None

      1. Carrier violated the provisions of the T-C Division, Brotherhood of Railway and Airline Clerks' Agreement of November 8, 1960 when it blanked the position of Telegraphe


      2. Mr. Hildebrand shall now be compensated eight hours' pay for each day listed in the statement of claim and every subsequent day the violation occurs.


                    CLAIM N0. 2


                                          Car. File: RR Dkt. 11563-NH

                                          Com. File: None

      1. Carrier violated the provisions of the T-C Division, Brotherhood of Railway and Airline Clerks' Agreement of November 8, 1960 when it blanked the position of Telegraphe


      2. Mr. Herzog shall now be compensated eight hours' pay for each day listed in the statement of claim and every subsequent day the violation occurs.


                    CLAIM NO. 3


                                          Car. File: RR Dkt. 11564-NH

                                          Com. File: None

      1. Carrier violated the provisions of the T-C Division of the Brotherhood of Railway and Airline the position of Telegrapher at 'NH' Office, hours of 7:30 a.m. to 3:30 p.m. on

      the following dates: February 14, 15, 21, 22, 28, March 1 and 7, 1970.


I
                  Award Number 19329 Page 2

                  Docket Number TE-19455


2. Mr. Nugent shall now be compensated eight hours' pay for each day listed in the statement of claim and every subsequent day the violation occurs.

              OPINION OF BOARD: This matter is identical to Award 18900, involving the same parties, which was denied for lack of proof.


The herein Claim must be denied for the same reason. There is no proof submitted by Petitioner to show that there was a vacancy at NH Office, New Haven, Conn. which Carrier was required to fill pursuant to the applicable agreements by using C prove every element of its case the Claim must be denied.

        Accordingly, the Claim will be denied.


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


        That the parties waived oral hearing;


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 this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 14th day of July 1972.


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