(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific ( Railroad Company

1. Carrier violated the provisions of the Clerks' Rules Agreement at Beloit, Wisconsin, on March 28, 1975, when it failed to call employe H. E. Bloedel to perform the work of his position on a holiday.

 2. Carrier shall now be required to compensate employe H. E. Bloedel for five hours and twenty minutes (5'20") at the rate of time and one-half of his position for March 28, 1975.

 OPINION OF BOARD: This claim is concerned with certain work which
 was performed on a holiday when the Claimant did
 not work. The Claimant insists that the work in question would have
 been performed by him, had it not been for the holiday; but in this
 case it was performed by Operators.
of the 40-Hour Week Committee, and has contended that, as the regularly
 assigned employe, he had preferential right to perform the holiday
 overtime work of his position. '.

 Our review of the record clearly demonstrates that the dispute is factual in nature, and it is apparent that if the work in question was "slip-billing" (as contended by Carrier), then the claim should be denied because there is no showing that this work is exclusive to the Claimant. However, on the other hand, it is equally apparent that if the work is "revenue billing," there is a showing of exclusivity and the claim should be sustained.


"Slip-billing" is a recording of destination and route information, whereas "revenue billing" includes rates, computations, etc., which are essential to a payment to the Carrier. The Claimant has presented a document which contains information concerning rates, computations and extensions. The correspondence which accompanied the document refers to it as a (slip-bill), but the Organization dismisses that categorization by asserting that the Claimant should have used quotation marks (rather than parentheses) surrounding the words slip-bill. -Further., there are assertions made that the "billing machine" contains all capitals which, in some manner, assertedly further demonstrates the violation.

 The Carrier denies that Operators performed any revenue billing on the holiday; but rather, it insists that the Operator confined his activity to preparation of a slip-bill authorizing the movement of a particular car on the system. Further, the Carrier states that the revenue bill was prepared on March 31, 1975 by the Claimant when he returned to work after the holiday weekend.

 Our review of the bill indicates that different machines were used to record information on it. The Carrier freely concedes that revenue billing is exclusively performed by the Claimant, and it does not seek to alter that. But, as noted above, this is a dispute which must be determined concerning the factual events which transpired on the holiday. As such, the employe has the burden of proving its case. We find that the evidence is conflicting in this case, and it does not preponderate to the benefit of either party and, accordingly, the employe has failed to satisfy the burden of proof and we will dismiss the claim for such failure of proof.

 It should be understood that we do not enter the controversy concerning Award 22024 and the dissent attached thereto, which was submitted to us in this dispute. Rather, as stated, this decision is determined solely on a factual basis.

        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;

                    Award Number 22252 Page 3

                    Docket Number CL-21928


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 claim be dismissed for failure of proof.


                    A W A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENVT BOARD

                        By Order of Third Division


ATTEST:~I/V , ~~9W-/
 Executive Secretary

 Dated at Chicago, Illinois, this 14th day of December 1978.