(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (J. F. Nash and R. C. Haldeman, Trustees of the Property ( of Lehigh Valley Railroad Company, Debtor

(a) Carrier violated the Agreement between the parties effective May 1, 1955, as revised when it supposedly abolished position of Clerk-Messenger at East Buffalo, Ne incumbent of this position displacing J. Stanford, Foreman Cooper Track, Buffalo, New York, making i
(b) Carrier abolished the position of Clerk-Messenger at East Buffalo, New York, but the work and/or duties remain. This position works every day from the Extra-List seven (7) days per week including overtime, and

 (c) Carrier shall now be required to restore the position Clerk-Messenger at East Buffalo, New Y
(d) Carrier shall now be required to compensate Mr. J. Stanford and/ or successor(s) the difference in rate of pay between that of Freight Handler and Foreman plus subsequent wage increases from June 5, 1970, until such time as this violation is corrected.

 (e) Carrier not having given a proper denial as required under Rule 33, Time Limits, (Employes Exhibit No. 6) paragraph two (2), this claim must be allowed.

 OPINION OF BOARD: The record in this case does not support, by material and
 relevant evidence of substantive probative value,a sustain
 ing Award. We, consequently, are compelled to deny the claim for lack of proof.



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

 The record, for reasons stated above, does not prove the allegations of the Claim in whole or in





                          By Order of Third Division


ATTEST
 Executive Secretary

 Dated at Chicago, Illinois, this 23rd day of August 1974.