NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23332

THIRD DIVISION Docket Number MS-23321

Martin F. Scheinmsn, Referee

(Anthony R. Buscemi PARTIES TO DIMt1PE:

(The National Railroad Passenger Corporation

STATEMENT OF CLAIM: "Difference 3n Pay Between Rate Quotation

Clerk and Lead Baggageman."

OPINION OF BOARD: Claimant, Anthony R. Buscemi, while assigned as Lead
Baggageman, claims Carrier violated the Agreement when he was required to perform the duties of a Rate Quotation Clerk and was not compensated as such.

Claimant contends that Carrier's action violated Rule 11(h) which states:

"Employee temporarily assigned to higher rated positions in fob categories shall receive the higher rates for four (4) hours work or less, and if held in such ,fob category in excess of four (4) hours, a minimum of eight (8) hours at the higher rate."

The duties of the Rate Quotation Clerk are distinctly different from that of a Lead Baggageman. The Rate Quotation Clerk is compensated at a higher rate than a Lead Baggggeman. Specifically, the Rate Quotation Clerk position is primarily responsible for quoting and developing rates. In contrast, the Lead Baggageman position has nothing to do with the developing of rates.

In order to have his claim sustained, Claimant has the burden of introducing specific and probative evidence to establish that he performed the duties of the higher rated position. Assertions that he performed the duties do not suffice. See Awards 21268, 21653 and 21677.

Here, no such proof has been brought forward. Claimant has not met this burden. While the Claimant has repeatedly contended that the Agreement was violated, the fa that Carrier's action was a violation. In fact, Claimant did not establish that he performed any of the duties of the higher rated Rate Quotation Clerk position while employed as a Lead Baggageman. Without such proof, the claim must be denied.
Award Number 23332
Docket Number MS-23321

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;

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- 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, 193+;

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.

ATTEST: ~,i
lboecutive Secretary

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Dated at Chicago, Illinois, this 19th day of Jvz9 1981.