CORRECTED
 NATIONAL RAILROAD ADJUSTMENT BOARD
 Form 1 THIRD DIVISION
 Award No. 31552
 Docket No. CL-32175
 96-3-94-3-641

The Third Division consisted of the regular members and in addition Referee Eckehard Muessig when award was rendered.




PARTIES TO DISPUTE:
                  (Chicago, Central and Pacific Railroad Company


STATEMENT OF CLAIM: "Claim of the Organization that:

          (11 Carrier violated the Clerks Agreement when TCU Vacation schedules were arbitrarily changed causing a violation of the seniority rights of the following employees: K.A. Hit-ell, D.A. Savage, R.K. Metcalf, M.E. Rowland, K.E. Broell, T.G. Gilbert, J. M. Dean, B.F. Benson, S.M. Bulick, B.K. Stettler.


          (2) Carrier shall now be required to compensate the employees involved in the amounts claimed, due to the violation."


FINDINGS:

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


The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.


Parties to said dispute waived right of appearance at hearing thereon.


This dispute arose because the Organization contends that the Carrier made improper changes to the 1994 vacation schedule.

Form 1 Award No. 31552
 Page 2 Docket No. CL-32175
                                            96-3-94-3-601


After careful review of the evidence developed on the property, the Board finds that the claim must be dismissed for a number of reasons. First, the claim before the Board is substantively different from the claim handled on the property. Second, the organization failed to show on the property what specific Agreement provision had been violated by the Carrier. A statement that Rule 33, Vacation was violated because the Carrier did not give "due regard to seniority and desires of the Claimant," does not meet the organization's burden of proof responsibility.


                          AWARD


      Claim denied.


                          ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                            Dated at Chicago, Illinois, this 25th day of July 1996.