PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Southern Railway Company, et al.:

 A. On behalf of Signal Maintainer A. W. Gentry, headquarters Tallapossa, Georgia for foremans pay in addition to any pay he has received or due him because the Carrier refused to designate the Claimant -to supervise this group of employees working together. Claimant is senior to the other employees of this group and should be paid at the foreman's rate of pay.

 B. On behalf of Signal Maintainer J. A. Bush, headquarters Anniston, Alabama, for the difference in pay between that of a Signal Maintainer and Leading Signalman for all hours worked beginning March 12, 1979 and continuing for as long as Claimant works with this group of employees."

OPINION OF BOARD: According to the Employes, four (1+) signal maintainers and
 four (!+) signalmen temporarily cleared trees from a
 right-of-way. The claim seeks foreman and lead pay for the senior employes.
 On the property, Carrier denied that any employe was instructed to be in charge
 or to supervise.

 It is clear that no employe was assigned as temporary Foreman or temporary Leading Signalman. But the employes assert that 8 men were worlQPd as a "gang" and thus certain designations should have been made. As we view the record, the employes ask us to make certain presumptions which are contrary to the Carrier's assertions that no "gang" was ever established. The Employes, of course, have the burden of proof. We find no direct showing which contradicts the Carrier's assertions of the method of operation and we are not inclined to base an Award on speculation.

 FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:

 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, 1931+;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
 Award Number 2390
 Docket Number SG-2318

 That the claim be dismissed.

 Claim dismissed.

 Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 Page 2

 A W A R D

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


By ~ 1. ,c-.u, _-~,~ ,.~-~G .~ , ~ ~._~

Dated at Chicago, Illinois, this 26th day of May 1982.