( Clerks, Freight Handlers, Express and
 Station Employes
 PARTIES TO DISPUTE;

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

1. The Western Pacific Railroad Company violated the current Clerks' Agreement when it failed and refused to properly compensate Mrs. S. Sterni for service performed on Switching and Transit Clerk Position No. 717, and;

 2. The Western Pacific Railroad Company shall now be required to allow Mrs. Sterni eight (8) hours' additional compensation at time and one-half rate of Position No. 717 each date

 February 14, 15, 16, 17, 18, 22, 23, 24, 25, March 1, 2, 3, (, 7, 8, 9, 10 and 13, 1972.

 3. The Western Pacific Railroad Company violated the current Clerks' Agreement when it failed to call and use senior employe J. W. Ricketts on Switching and Transit Clerk Position No. 717, and;

 4. The Western Pacific Railroad Coaoany shall now be required to allow Mr. Ricketts eight (8) hours' additional compensation at time and one-half rate of Switching and Transit Clerk Position No. 717 each date February 16, 17, 23, 24, 25, March 1, 2, 3, 8, 9, 10, 15, 15, 17, 22 and 23, 1972.

 OPINION OF BOARD: On the days in question, Claimant Sterni was
 reouired to work position No. 'T7. She alleges a violation of the Agreement because she was not compensated in accordance with Rule 20(1):

        "Rule 20(1) (Effective 9/10/65). If a qualified employe is not available pursuant to the provisions of Rule 31(f), the Carrier may instruct an employe to vacate his regular assignment °_^.d 'ecrk a portion or all of a short vacancy on the same shift for which service he will be paid for actual time worked on the vacancy at the time and one-half rate of the higher rate of the two positions involved and at the straight time rate for actual time worked on his own assignment; provided, however, that if he works four

                            Award Number 20214 Page 2

                            Docket Number CL-20337


                    (k) hours or more on the vacancy, he shall be paid at the rate of time and one-half for all time worked on both positions."


            Carrier denies a violation and states that it properly utilized and compensated Sterni, under Article VI of the February 25, 1971 National Mediation Agreement:


                    "F~mployees will not be required to suspend work during regular hours to absorb overtime .


                    Note: Under the provisions of this rule, an employee may not be requested to suspend work and pay during his tour of duty to absorb overtime previously earned or in anticipation of overtime to be earned by him. It is not intended that an employee cross craft lines to assist another employee. It is the intention, however, that an employee may be used to assist employee during his tour of duty in the same office or location where he works and in the same seniority district without penalty. An employee assisting another employee on a position paying a higher rate will receive the higher rate for time worked while assisting such employee, except that existing rules which provide for payment of the highest rate for entire tour of duty will continue in effect. An employee assisting another employee on a position paying the same or lower rate will not have his rate reduced."

                            (underscoring supplied)


            After a thorough study of the entire record, cited Awards, and arguments, the Board concludes that this dispute must be resolved on a factual issue; dealing with the status of the regular incumbent of position No. 717 on the days in question.


            The Organization alleges that on each day, Webb (the incumbent of position No. 717) was required to abandon her position to devote her entire shift to "work tracers",and that Claimant, Sterni, was called for the eighteen (18) days to report to Job 717, and never performed any of her regularly assigned duties during that period.


            Carrier disagrees with the Organization's characterization of Webb's and Sterni's status during this period of time. Throughout the handling of the dispute on the pro


y
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                  Docket Number CL-20337


Hoard, Carrier has insisted that on each of the days in question, Claimant Sterni was used to assist Webb, who, during the period in question, was working her own regular assignment.

 While it appears that Claimant Sterni did not perform any of her regularly assigned duties on the eighteen (18) days, that factor alone does not dispose of the issue. From a review of the record as handled on the property, we are unable to determine if Webb "abandoned" her position or if she was "assisted" by Sterni, while working her regular assignment. The burden of proof rests' with the Organization. We are unable to find that it has established, by a preponderance of the evidence, that Webb "abandoned" her position.

 Certain testimonial statements were included in the Submission. The Carrier objects to ou.- cons they were not presented prior to Submission of the case to this Hoard. We concur. For whatever reason, they were not presented on the property, and this Hoard has consistently held that the parties are barred from introducing evidence in addition to that adduced on the property. See, .for example, Award 18122 (Dorsey) dealing with these same parties.

 Claimant Ricketts, senior to Sterni, asserts that when Carrier "suspended" Webb from position 717, a vacancy was created, and he was the senior clerk available to perform the work. our. finding of a failure of proof concerning the status of Webb controls Rickett's claim.

        "NDLIMS : The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the dispute involved herein; and

        The claims fail for lack of proof.

                  Award Number 20214

                  Docket Number CL-20337 Page 4


                  A W A R D


        Claims dismissed.


                        NATIONAL RAILROAD ADJMTNM BOM

                        By Order of Third Division


ATTEST: ~. ~wcutiveASecretaryr,

        ExeDated at Chicago, Illinois, this 11th day of April 1974.