Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31614
Docket No. MW-31152
96-3-93-3-181

The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.


PARTIES TO DISPUTE:

                  ( Louisville and Nashville Railroad Company)


STATEMENT OF CLAIM:

      "Claim of the System Committee of the Brotherhood that:


      1. The Agreement was violated when the Carrier recalled from furlough junior employe D. E. Rich to fill a spiker gauger machine operator's position at Dickson, Tennessee, on January 2, 1992, instead of calling senior furloughed employe B. A. Hopper [System File 14 (4) (92)/12 (92-305) LNR1.


      2. As a consequence of the violation referred to in Part (1) above, Claimant B. A. Hopper shall now be allowed eight (8) hours of compensation at the straight time Rank 3 rate of pay for January 2, 3, 6, 7,8,9,10,13,14,15,16and17,1992."


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.

Form 1 Award No. 31614
Page 2 Docket No. MW-31152
96-3-93-3-181

It is undisputed that Carrier recalled an employee who was junior in seniority to the Claimant on the date in question. At issue is whether Claimant complied with Rule 21(g). Rule 21(g) provides:


      "When employes laid off by reason of force reduction desire to retain their seniority rights they must file their address, in writing, not later than 10 days from time cut off. This notice from the employe must be sent in duplicate to the Division Engineer, who will return one copy, receipted, to the employe. Periodic renewal of address is not thereafter required, but the employe is required to advise promptly in similar manner of any change in address. When his time comes for recall to the service, handling will be given in line with Rule 22(f). Employes protecting their seniority under this rule will not be required to renew their address because of being used on temporary or extra work."


Carrier maintains that Claimant failed to file his address in accordance with Rule 21(g). The Organization asserts that Claimant filed his address and that he was subsequently recalled to service. Assertions, however, are not evidence. The record contains no documentation or other evidence that Claimant filed his address in accordance with Rule 21(g) or even that he was recalled as asserted by the Organization. Because the Organization bears the burden of proof on this claim, it must be denied.


                        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 29th day of August 1996.