NATIONAL RAILROAD ADJUSTMENT BOAR

Award Number 20789

THIRD DIVISION Docket Number CL-20762

Francis X. Quinn, Referee

(Brotherhood of Railway, Airline and Steamship

( Clerks, Freight Handlers, Express and

( Station Employes PARTIES TO DISPUTE:

(Western Maryland Warehouse Company

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

(GL-7551) that:

1) Carrier violated provisions of the Clerks' Agreement when it failed to call R. M. Mortimer to work as Talleyman and instead used junior employe H. Hoffnagle on November 8, 10, 11, 14, 15, 17 and 21, 1972, December 6, 11, 12, 1972 and January 17, 18, 19, 23 and 25, 1973;

2) Carrier used junior employe H. Hoffnagle at overtime and failed to call R. >f. Mortimer on November 9, 1972 (4 hrs.), November 10 and 11, 1972 (Total of 4~ hrs.), January 18, 1973 ('k hr.).

OPINION OF BOARD: The lack of evidence of probative value to support
Petitioner's allegation leaves the Board in the position of having to decide the issue on assump do. It must be held, therefore, that Petitioner has failed to meet the requirements of the burden of proof doctrine.

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 dismissed.

NATIONAL RAILROAD ADJUSTMENT BOAR

By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 31st day of July 1975.