(E. L. Woods PARTIES TO DISPUTE:

STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the
 National Railroad Adjustment Board, of my intention to file an ex parts submission 30 days from date of this notice. It will be covering an unadjusted disp Company, involving the question:

 Claim is for Position 39, at Medford, Oregon, for increase in rate from $58.57 to $59.97 (new rate $64.49 to $65.93) and all raises from date of this claim, each day worked until consummated. The claim involved is in violation of TOPS Agreement,
OPINION OF BOARD: The herein claim seeks to have this Board establish a new
 higher rate for Position No. 39 at Medford, Oregon. We have carefully reviewed the entire file and all of the arguments advanced by petitioner and respondent carrier and conclude that we are unable to grant the relief sought.

 Carrier advances several arguments -- some persuasive -- seeking to have the claim dismissed. We need not rule on these, however, because we find that claimant had the burden of proving certain basic elements of the claim. This he failed to do. He quotes from various rules and offers general allegations. He does not, howe to have been violated, nor does he offer any evidence to show how this was done.





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



        Claim dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOAR

                              By Order of Third Division


ATTEST:
          -Executive Secretary


Dated at Chicago, Illinois, this 16th day of March 1981.

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