L-243, Mechanical Department, East Deerfield, MA. The claim is

for the difference in the rate of pay between $15.56 per hour, which

she would be receiving. Claim commences September 16, 1996 and

is for each day position is worked.

(b) The Carrier violated the Agreement when it transferred Mechanical Department forces from Waterville, Maine, to East Deerfield MA, thus making the clerical position B&M identical to that of position L-265, Waterville, ME. According to the Agreement, Ms. Sovinski's pay rate should be adjusted accordingly.

II. (a) Notwithstanding the provisions of Rule 38 of the new Collective Bargaining Agreement between TCU and Springfield Terminal Railway Company, the Organization is presenting this grievance under Side Letter #1 of the Agreement.

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.

Parties to said dispute were given due notice of hearing thereon.

Claimant is the incumbent of Position L-243 Clerk, Mechanical, East Deerfield, Massachusetts. The premise of the Organization's position seeking higher rated pay for Claimant is that the Carrier transferred work from Waterville to East Deerfield. The Carrier has denied that such work was transferred.

There is no evidence in this record that there was such a transfer as alleged by the Organization. Nor is there evidence in the record to support the Organization's assertion that the position of Chief Clerk Mechanical at Waterville was the same as Claimant's position at East Deerfield entitling Claimant to higher pay. The Organization has not carried its burden. The claim must be denied for lack of proof.