(Brotherhood of Railway, Airline and Steam ship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago & Illinois Midland Railway Company

 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 1. Carrier violated the Agreement on March 4th, 1972 when it required a junior employe to perform Rest Day Relief work on a 'Short Vacancy' in lieu of senior employe Mr. H. 0. Bacon.

 2. Because of the violation Carrier shall be required to compensate Mr. H. 0. Bacon for eight (8) hours time and one-half rate of Relief JanitorLaborer position for Mar
OPINION OF BOARD: Claimant is listed #12, occupation janitor-laborer at the
 Shops Store Department, assigned Monday through Friday with rest days on Saturday and Sunday. L. W. Matthews who is listed #15, occupation relief laborer-janitor at the Shops Stores Department performed the janitor's work on Saturday and Sunday. W. A. Sheppard is listed #17, (no occupation), Shop Stores Department, C & IM Exhibit D, Seniority Roster No. 3, dated 7-12-72. Laborers and janitors are included in group (3) of SCOPE Article I, Rule 1, and by omission from other provisions of the Article which specifically exempt certain classes from the application of seniority, laborers and janitors are covered by the seniority Rule.

 Article III, Seniority, Rule 3, (a) states that seniority begins when, "the employe's pay starts on the seniority district and in the class to which assigned."; (e) states that, "seniority rights of employes to vacancies--or to perform work covered by this agreement will be governed by these rules." Rules 4 through 7, 9 and 10 refer to Re-Entering Service, Rosters, Posting of Rosters, Exercise of Seniority, Bulletins and Temporary Assignments, which are not material to the issue of t less than 30 calendar days duration which, "may be filled without bulletining." It states further that: "Employes will be selected to fill positions pending assignment by bulletin and all short vacancies in accordance with Rule 8 and fourth paragraph of Rule 19. Rule 8, headed Promotion Basis states that seniority will prevail if fi judge of fitness and ability. Paragraph fourth of Rule 19 provides for the recall of furloughed empl extra work, short vacancies---." It also states: "When a bulletined new position or vacancy is not filled by an employe in service senior to a furloughed employe m that roster---, the senior furloughed employe will be called to fill the position."
 Award Number 20058 Page 2
 _ Docket Number CL-20050

 Petitioner- has, in effect, relied upon the Rules of the Agreement to support the claim. Carrier has argued that it had the right to blank the position which was vacant d event claimant was not senior on the roster.

 We do not disagree with the prior Awards submitted by the Carrier which have held that a vacancy may be blanked, and we agree with the Awards which hold that assertions by a party are not evidence or proof. In regard to the latter, it may be noted from the record that the Carrier has asserted that vacancies such as in this case had been filled by an equitable distribution of the work among t this asserted practice, however, appear in the record as evidence. The Carrier has also brought to o employes who were not entitled to make the claim. In this case, no employe senior to the claimant has asked for the work and the claimant is on the applicable roster assigned to the type of work which was performed. Award 19820 submitted by the Carrier does not involve work to be performed on rest days.

 Rule 11 of the Agreement is applicable, it refers to Rule 8 and Rule 19 to determine how short vacancies should be filled. Rule 8 applies seniorit· The fourth paragraph of Rule 19 includes short vacancies and provides that sens iority will be respected. The Carrier did not chose to blank the position. '~ furloughed employes are involved. Claimant should have been called. Rule 45, provides that: "Employes notified or called to perform work ---shall be allowed a minimum of ---, and if held on duty in excess of two hours, time and one-half will be allowed----."



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



        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        ATTEST: Executive secretary


Dated at Chicago, Illinois, this 14th day of December 1973.