Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28523
THIRD DIVISION Docket No. MW-25988
90-3-84-3-336
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned junior Laborer T. Weston instead of Laborer J. L. Jimenez to perform welder mechanic helper's work (Carrier's File 450-MofW).

(2) Because of the aforesaid violation, J. L. Jimenez shall be allowed the difference between what he earned as a laborer and what he should have earned as a welder mechanic helper beginning December 1, 1982, continuing until such time as the violation is terminated."

FINDINGS:

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

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



This dispute is before the Board based on the findings in Third Division Award 26254. In that earlier dispute the matter was remanded to the parties for further factual material.

A review of the record of this matter indicates that the parties failed to agree on the significance of the material which was examined in accordance with the directive of this Board. The conclusion must be reached that the Organization has failed to meet its burden of proof in this dispute. It is well established that the burden to establish all essential elements supporting a claim is upon the Organization (see for example Third Division Award 26253). The Claim must be denied.
Form 1 Award No. 28523
Page 2 Docket No. MW-25988
90-3-84-3-336






                          By Order of Third Division


Attest: 4~`

        ancy J~ er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of August 1990.