(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (Chicago, Burlington 8e Quincy Railroad Company


                            STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6649) that the:

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            (1) Carrier violated the Agreement of January 1, 1961, particularly Rule 1, when it permitted or req within the scope of the Clerks' Agreement to perform work, services, and operations coming under and within the scope of the said Agreement, beginning November 30, 1967, and


            (2) Carrier shall be directed by appropriate order to restore the work to employes entitled to it under the provisions of the Clerks' Agreement.


' (3) Carrier shall, because of the violation set out above,
            compensate the following named employes who were adversely affected, and

            or their successors if there be any, eight (8) hours' pay at the time

            and one-half rate of their positions beginning November 30, 1967, and

            daily thereafter until the violation is corrected:


                        (a) W. W. Lebsack, occupant of Desk Clerk Position No. 1401.


                        (b) G. F. Cosier, occupant of Desk Clerk Position No. 1402.


                        (c) F. H. McMeen, occupant of Desk Clerk Position No. 1403.


                        (d) W. E. Schleicher, occupant of Car Service Clerk

                    Position No. 1475.


                        (e) R. A. Wollenberg, occupant of Car Service Clerk

                    Position No. 1476.


              OPTION OF BOARD: The claimants hold clerical positions at the Carrier's

              yard office located in Lincoln, Nebraska. Prior to

              October 4, 1967 the telegrapher force at this point consisted of only

              three operator positions, one on each shift seven days a week. These

              telegraphers handled all of the freight train order .cork at Lincoln, and

              in addition, transmitted all communications of record and various train

              reports transmitted to destination points of the freight trains operating

              out of Lincoln, such as Galesburg, Denver, Chicago, etc. For some of the

                    Award Number 20477 Page 2

                    Docket Number CL-18413


data needed to send in their reports telegraphers used key punch machines to make IEM cards, from which they made a perforated tape, and the tape would be fed into a teletype machine to transmit the data. Because of the increasing demand for information on freight cars these telegraphers were seriously overburdened. To relieve this condition, effective October 4, 1967, an additional 3 telegraphers were added to the force.

 The claim is that the Clerks Agreement was violated when these additional telegrapher operator positions were added to the force. The Carrier denied that any work belonging to clerks was transferred to telegraphers. The record contains allegation concerning a transfer of clerk's work but no proof on what work was transferred, how it was transferred, who did it before th transfer.

 In a nearly identical case involving these same parties, same contentions, rules, and same arguments this Hoard in Award 20217 (Referee Blackwell) stated:

        "The Dnployes' basic allegation on the property was that telegraphers had performed clerical work consisting of making interchange reports to connections, checking interchanges and doing other clerical work inside the East St. Louis Yard Office, beginning February 21, 1966 and each day thereafter. The burden of adducing probative evidence to support this allegation wa upon the Employes. However, the record is barren of the requisite evidence and we can but conclude that the Employes have not met their evidenciary burden. Mere repetition of the basic allegation does not convert it into an established fact. Accordingly, we shall dismiss the claim."


In the instant case we find that the Employes, as in Award 20217, have not :net their burden of proof. Accordingly we shall dismiss the claim.
                                Award Number 20477 Page 3

                                Docket Number CL-18413


                    FINDINGS: 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


                    That the Agreement was not violated.


                                A W A R D


                    Claim dismissed.


                                      NATIONAL RAILROAD AWUST:= HOARD

                                      By Order of Third Division


            ATTEST: AIZO

                    Executive Secretary


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            Dated at Chicago, Illinois, this 25th day of October 1974.