(Brotherhood of Railway, Airline And Steamship Clerks, (Freight Handlers, Express And Station Employes PARTIES TO DISPUTE: (Boston And Maine Corporation

1. Carrier violated and continues to violate Rules 1, 2, 3, 14, 31 and others of the current clerks agreement, effective September 1, 1952 as amended, and including the National Agreement dated February 25, 1971, when it abolished its last remaining clerical position at Keene, N. H., on April 9, 1971, assigned all of the work to the Agent, an employee outside the class and craft of the agreement on that date, following which, effective on May 1, 1971, it re-assigned the preparation of freight bills, rendering and collection of freight charges and other related functions to clerical employes in another seniority district.

 2. Carrier shall pay John Bresland, Clerk, Keene, N. H. for all wage losses, including subsequent wage increases, fringe benefits, insurance premium payments, vacation credits, holidays and interest compounded at 6% continuous from April 9, 1971 to such time, when all work is restored to the clerical class and craft within its original seniority district, subject to compliance with proper rules procedures for subsequent work transfers.

 OPINION OF BOARD: On April 9, 1971 the Carrier abolished the last clerical
 position at Keene, N. H. and assigned all the remaining
 work to the Agent. Claimant protests the abolition of his job and demands
 reinstatement with back pay and interest at 6%.

 Rule 2(a) of the basic agreement between the parties defines a clerk as one who devotes "not less than four hours per day..."to his job.

 On March 23, 1959 a further agreement between the parties, provided, in part as follows:





          "position or positions is to be performed, then it may be performed by an agent ,...or other supervisory employee, provided that less than four hours' work per day of the abolished position or positions remains to be performed;.."


The above citations clearly show that it was the intent of the parties to give the Carrier the right to abolish a clerical position and transfer the remaining work, if it was less than four hours per day to an employee outside of the bargaining unit.

        On April 8, 1971, a day before the position was abolished, a joint

check was made by the parties as to the remaining duties of the position in
 question. The Petitioner claims that the check showed that there was a total
 of six hours and twenty five minutes work per day. The Carrier, on the other
 hand, claims that the check, inclusive of 2 hours and 24 minutes per day of work
 described.as miscellaneous, totalled less than four hours per day. De
 ducting the two hours and 24 minutes which, carrier claims, is not part of
 the duties of the position, the total time per day required, was only one
 hour and thirty minutes.

 The Board has no way of deciding the contradictory claims. It was incumbent upon the claimant to present evidence of its contention. This, claimant failed to do.

        Under the circumstances, the Board must deny the claim.


        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 8th day of August 1973.