V I


                  THIRD DIVISION Docket Number CL-24288


                          Rodney E. Dennis., Referee


      (Brotherhood of Railway. Airline and Steamship Clerks - ~ Freight Handlers, Express and Station Bnployea PARTIES TO DISPUTE.

                    (Bessemer and Lake Erie Railroad Company


                    STATIT OF CLAIM: Claim of the System Committee of the Brotherhood (cL-95oo) that:


      (1) terrier violated the effective Clerks' Agreement when on November 22, 1979 (November 23, 1979 - Thanksgiving Day)., December 24, 1979 (December 25, 1979 - Christmas Day) and January 1, 1980, it permitted and/or required employee and/or other persons not covered by the scope of the Clerks' Agreement to perform work exclusively reserved for employee covered thereby.


      (2 The Carrier shall now be required.to compensate Clerk J. L. Sturges for three (3~ hours' pay for each of the following dates: November 23, 1979, December 25, 1979 and January 1, 1980, at the time and one-half rate of the position of Clerk - XB Toner - North Bessemer Yard.


      OPINION OF HOARD: This case involves three (3) separate claims which were

      initiated and handled separately but were combined into one dispute for presentation to our Board. Briefly, the claims all center around the allegation that employee not covered by the BFAC Rules Agreement performed work which should accrue to clerical employee at Carrier's XB Tower at North Bessemer., Pennsylvania.


      Both sides have advanced various arguments relative to the application of Scope, Days Work and Overtime, Holidays, Notified or Called for Service on Holidays Rules as well as contentions relative to possible application of the "de minimus" principle and the exclusivity of handling derails. From our review of the record is this case and after considering all of the contentions of the parties, we are convinced that there is no need to make any decision on the relative arguments of ap there simply is not found the quantum of proof necessary for us to make a rules or principle determination. It is too well settled to require citation of authority, that the moving party in a dispute such as we have here has the burden of proving all essential elements of its claim. (See Awards 206 - Sickles, 20147 - Lieberman) In this case, that burden has not been met. We must, therefore, deny this claim.


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


            That the parties waived oral hearing;

                    Award Number 24056 Page 2

                    Docket Number CL-242$8


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the mewing of the Railway Labor Acts 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 AWUSZIENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By l'
 /R semarie Brasch - Administrative Assistant

 Dated at Chicago Illinois., this 14th day of December 1982.

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