(Brotherhood of Maintenance of Way Employes PARTIES TD DISPUTE:

STA~..."~N' T OF CLAa3: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it used Assistant Roadmaster Schmittou to clean snow from switches at Scranton. North Dakota on January 5, 1978 (System File C A8/D-2172).

 (2) Furloughed Section laborer 0. T. Thompson shall be allowed eight (8) hours of pay at the section laborer's straight-time rate because of the violation referred to in Part (1) hereof."

 OPINION 0.F BOARD: The (terrier utilized as Assistant Roadmaster to clear snow
 from switches on January 5, 1978. The Organization asserts
 that it should have recalled and assigned the Claimant - who had been furloughed
 on December 2, 1977 - to perform the labor, inasmuch as he was available at his
 home and the Carrier has not questioned his availability.

 The Carrier has relied upon an assertion that an emergency existed; but is its submission here, the General Chairman has cited Awards to support the contention that a mere allegation of an emergency does not establish one, sad he concludes that the Carrier has the burden of presenting evidence of an emergency.

 While certainly we agree that one party may not merely assert a condition to be the case and expect us to accept that assertion without further proof. However, in this case as the matter was presented on the property, we find in the initial declination that the (terrier asserted that the area in question was experiencing blizzard snout conditions, and therefore the work would b was under review on the property did the Organization contest that the area was experiencing blizzard, conditions, even though that assertion was repeated in the Carrier's correspondence.

 It would be highly inappropriate under those circumstances to now permit the organization to assert that the Company has failed to establish its burden in this regard. When a statement is made that as area is North Dakota, is mid-January, is experiencing blizzard snow conditions and that assertion is not challenged or denied, we feel that a Carrier has established its burden of showing an emergency.
                      Docket Number MW-23124


Based upon the authority of Third Division Award 22755 and others, we will deny the claim.

        FINDIiTGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds affil holds:


        That ttoparties 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 denied.


                              NATIONAL RAILROAD ADJDSTiMNT BOARD

                              By Order of Third Division


ATTEST:
      Executive Secretary


Dated at Chicago., Tslinois, this 29th day of May 1981.

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