(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Norfolk and Western Railway Company

1. Carrier violated and continues to violate the Agreement between the parties when on February 17, 1974, a new position of Assistant Office Manager was created as a fully excepted position with clerical duties assigned, which had previously been performed by clerical employes at Buffalo, New York.

 2. Carrier shall pay A. Valente eight (8) hours punitive rate for February 17, 1974, and each Sunday thereafter until July 1, 19',5, when the work was returned to contract employes.

 OPINION OF BOARD: This claim arises out of the reassignment by Carrier
 of a supervisory position from the night shift
 (12 Midnight to 8:00 A.M.) to the day shift (8:00 A.M. to 4:00 P.M.).
 Petitioner alleges that on the day shift the supervisor performed certain
 duties such as tracing cars, making reports, general office duties, etc.,
 which should have been performed by clerical employes.
reveals that it contains little more than unsubstantiated allegations and -.
 assertions. Petitioner has offered no proof that any of the items of work
 were, in fact, performed by the supervisory employe. The Carrier, on the
 other hand, denied that the supervisory employe performed any service
 which accrued exclusively to clerical employes. Petitioner, in its ab
 breviated rebuttal to the Board did nothing to refute the Carrier's asser
 tions of fact thereby leaving material factual statements uncontroverted
 and undenied.

 Given the paucity of evidence brought forth by petitioner on the essential points of `its claim, we have no alternative but to conclude


that the record does not support its claim. In order to prevail in this case, petitioner was required to establish its claim by a preponderance of probative evidence. dismiss the claim for failure of proof.

        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 iailiray 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 P_ R D


        Claim dismissed.


                            PIATIONAL RAILROAD ADJUSTi "v'T BQ:RD

                            By Order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Illinois, tMs 18th day of November 1977.

                                  CECO11977


                                J J BERG