T. Page Sharp, Referee


Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Mcpress and Station Employes PARTIES TO DISPUTE: (
                (Bessemer and Iake Erie Railroad company


                STATES Cdr MAIM: Claim of the System Committee of the Brotherhood (c1r936o) that:


1. Carrier violated the effective Clerks' Agreement when, effective Apra 28, 19'T9r it converted former seven day positions at Albioa, Pennsylvania, into five and six day positions and required employee at another location to perform work normally performed by the regular employs on Saturdays and Sundays.

 2. Carrier shall now compensate Clerk S. R. Raymond, and/or his successor or successors is interest have stood in the status as Claimant and as such have been adversely affected, for eight (8) hours' pay at the time and one-half rate foe April 29, 1979r and fns each and every Sunday thereafter that s like violation occurs, to be determined by a joint check
3. Carrier shall. now ccaspeasate Marks A. F. saples and J. L. Hotzing, Jr., and/or their successor or successors in interest, namely, any ether employe or employes who have stood in the status as Claimant and as such have been adversely affected,, for eight (8) boars' pay at the time and one-half rate far April 28 and 29, 19'T9s and for each and every Saturday and Sunday thereafter that a like violation occurs., to be determined by a joint check of the Carrier's recowdso

 OP INI01 OF BOARD: The Carrier maintains facilities at Albion, Pennsylvania.
 In the past these facilities had been manned by a clerical staff which operated on a twenty-four hour per day, seven day per week schedule. Some of the duties of the clerical stall at this location include iaputiag and outpating data by means of a cathode ray tube (CRT) concerning the arrival and departure of trains. The Claimants is this case are the three clerks who are the incumbents of the first, second and third tricks. These positions had been furnished with relief on Saturdays and Sundays.

 on or about March 31, 197, the Carrier abolished the relief positions and made the first trick position a six day assignment with a rest day on Saturday. The second and third trick positions were made five day assignments with rest days on Saturday and Sunday.
                        Award Number 23859 Page 2

                      Docket Number CL-23938


        On April 24, 19'(9 the Ca.-tier posted a notice which read:


          "Subject Weekend Computer Reporting - HF Office


          Effective immediately.. d uring weekend operations (Saturdays sad Sundays), in which there are turns of no clerical coverage at Shensago, Albion and Conneaut yard offices, 'dg office will make input to the C&TC system tram existing computer inventory pertaining to various train movements involved.


          This is to include initiating of trains, (09) for Drag or Pool crests, bras 10 sad 11 building o1 train consists from track inventories and departures (18) of said of trains which you beadle should be sent to next work point as determined from work message. Also, consists of trains from Conneaut, Albion or Shenango which you build should be seat to the respective yard painter from which the pickup is being made.


            CM will provide a work message to HF which specifies track

          to be picked up, number as cars by destination, and all of the

          walk he has laid out for given crew working at point where clerk

          is not as duty.


          When at all possible, C19 should notify what tracks a train is setting off an for areas arriving Albion or Conneaut when BF is required to report arrival to these two areas. This should also include cut numbers for crews making two or more track setoffs within a given yard.


          HF office, after arriving trains to Albion or Coanenut should send a 51 track list to the yard printer after reporting the (19) arrival.


          CM agoahd work with yardmaster to coordinate pickups sad setoffs o! case at Albion and Co to provide HF.


          It there are any questions, please contact me." (undaracariag is original)


This procedure had the effect of transferring the farmer relief work (with the exception of Sunday fns the first trick) to Greeaville, Pennsylvania, some forty miles away.

 The position of the Organization is that this handling of work by the clerical farces at Greenville is violative of the Rule k(b) of the Agreement between the parties whi reads:
                    Award Ntmmber 23859 Page 3

                    Docket Number CL-23938

                    Work on Blanked Rest Days


          °(b). Where work is required by the Company to be performed on a day which is not a part of any assignment, it nay be performed by as available unassigned emplo not have forty (40) hours of rack that reek; is all other cases by the regular employee.'


The Carrier denies nap violation of the Agreement if the type of rock done by clerks at Albion Yard is done an the weekend by clerks at BF office in Greenville* Its position is that the work has been assigned to these clerks and thus cannot be "work which is not part of any assignment" as proscribed by RtLle 4(b ) e

 This Board cannot consider the writs of the alleged contract violation in this case. Payment is claimed for one Claimant far eight hours' pay for April 29, 1979, sad far tech Sunday thereafter if a violation occurs. The same is true for the other two Claimants for April 2 and 29, 1979 and Saturdays sad. Sundays thereafter.

 The specific claims are based on the assertion of the General Chairman is a March 14,, 1980 letter to the harrier's Director of Labor Relations that eight train movements occured is Albion Yard on the second and third trick on the dry of April 29, 1979. The claim is, however, not based on train movements but is based on iaputing and outputing data into a cathode ray tube. The Board has not been furnished any evidence that would establish whether any work of this nature was done at Albion or Greenville. Moreover, even if it had been established that nay work was done at one or both of these locations.. the Board would consider it necessary that it be furnished with evidence of who did the work and the extent of the rack.

 The function of the Board is not to seek evidence nor, is the absence of such, to speculate on as interpretation of the Agreement i! certain facts were true. Rather, the function of the Board is to consider the evidence presented to it and based upon this evidence, interpret the Agreement is this context to determine whether oar ne
Neither peaty has furnished the Board with evidence necessary fax decision. However, the burden of proof rests with the organization to prove all of the elements as its claim. See Awards 20620, 20677, 20943, 21658 and a host of others. This it has not done. .Mere assertions are not proof. For example, see Awards 12685, 19306 and 22204.

 The Organization confirmed that it had not furnished the necessary evidence when it asked the Board to order a joint check of the Carrier's records to determine violations. It has long been held that the Carrier is not required to make a joint check of its records to help the Organization establish its claim, See, for example., Awards 18447, 16675 and 15394· This is not to say that a point check is never required. If the only reasonable possibility of discovering evidence whi Agreement were through this-vehicle,, the Board-xonid:2oasider-the -requcstr--But_ in this case, if there was work of the nature described being dace at EF office-,
 Award Number 23859
 Docket Number CL-2393$
Page 4

 it would have possibly been done by brothers of the Claimants at such office. Since the Organization represents all employee in this craft and class, it would have bees no great task to ascertain if such work were done at HF office and if so who did it.

 In its submission the organization contends that the posting of the notice which apparently transferred the relief work to EF office is ~ s-e a violation. The Bo violations.

 By not furnishing evidence which would allow the Board to interpret the Agreement in light of relevant facts, the Petitioner has failed_to carry its burden 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 Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board bas jurisdiction over the dispute iarolved herein; and

 That the Agent was not violated.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary
      National Railroad Adjustment Board


RATIONAL RAILROAD AnTL75WPT BOARD
 By Order of Third Division

 Hy
 ~R~taemarie Breach - Administrative Assistant

 Dated at Chicago, Illinois, this 28th day of April 1982.