Tedford E. Schoonover, Referee


(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis

                STATEMENT OF CIAIti: Claim of the System Committee of the Brotherhood (GL-9525) that:


1. Carrier violated Article V, and in particular Section 1. (a) of the August 21, 195+ National Agreement, when it failed to timely render decision to Claimant Paul A. Bruegger, in connection with claim filed December 28, 1979. (Carrier's File oi3-297-19).

 2. Carrier shall now be required to compensate Claimant Bruegger eight (8) hours pay each day December 17, 18, 19, 20, 21, 26, 27, 28 and 31, 1979, and January 2, 3, 4, and 7, 1980.

 OPINION OF BOARD: Claim of Brotherhood that Carrier violated Article V, Section
 1 (a) of the National Agreement of August 21, 1954, which
 requires that all claims be filed in writing within 60 days and disallowed is
 writing within 60 days from date filed; if not disallowed is writing within 60
 days, the claim must be allowed.

 This claim is referred to this Board on a procedural basis only on the grounds that Carrier failed to reply to the claim within the 60 days required by the rule.

 The facts of the situation are that claim was properly filed under date of December 28, 1979, to Carrier Officer K. L. Kelley. Ca March 3, 1980, Local Committeeman York addressed a letter to Mr. Kelley, stating more than 60 days had passed and no answer had been received on the claim. In response, Mr. Kelley wrote "The claim of Mr. Bruegger was denied by me in a memo I placed on his desk prior to leaving the office the evening of February 20, 1980 copy attached."

        The memo referred is quoted as follows:


        "Paul


        Your claim of December 28, 1979 is denied on the basis it is without merit and is addition is void of specific information..."


Claimant asserts he was on vacatio n on February 20 and 21, 1980, and when he returned to work on February 22, 1980 no such memo was on his desk.
                      Award Number 2418't Page 2

                      Docket Number CL-21425


The Brotherhood claim is based on the fact Claimant did not receive the denial memo within the required 60-day period; not that the memo was not issued within the time limits of the rule. Therefore, validity of the claim rests on the method of delivery and verification.

 The Carrier contends that delivery of the denial by placing the memo on Claimant's desk followed normal practice. Thus, we have the unsupported allegation that Claimant did not receive the denial matched against Carrier evidence that denial was made in memo form in timely fashion and a copy thereof submitted into evidence. Nor does the Brotherhood challenge Carrier contention that use of such a delivery method, i.e., placing a copy on Claimant's desk was contrary to normal procedure.

 In cases such as the one before us the burden of proof rests upon the Claimant to supply evidence of Carrier's alleged failure to comply with requirements of the rule. Al was not received. No evidence has been presented to refute Carrier's contention that the denial memo was prepared and delivered in timely fashion in accordance with well established procedures which has been in effect for wary years. Lacking required supporting evidence the Board has no alternative but to deny the claim.

        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 Employee within the meaning of the Railway Labor Act, as approved June 21, 1931+;

 That this Division of the Adjustment Boar has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated. ~E ~ EI V F~.


                          A W A R D -APR 1 ~ 19:x:


        Claim denied. °9o Office


                                                          a


                            NATIONAL RAILIL40AD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary. -
        ' ti al Railroad Adjustment Board


sy
        Rosemarie Brasch - Administrative Assistant


        Dated at`Chicago, Illinois, this 28th day of February 1983.