The following claim is hereby presented on behalf of Claimant S. Pellegrino:
The Carrier violated the Amtrak North-East Corridor Clerks Rules Agreement particularly Rules 3-C-1 and other rules when it allowed J. Spindle to perform work on the dates listed below and failed to call and use S. Pellegrino on those dates.
Rule 3-C-1 reads in part: If the Corporations requires a displaced employee to assist in the qualification of the senior employee who made the displacement, the five (5) calendar days period will not commence until the displaced employee is released.
M. Perkins displaced J. Spindle on November 14, 1996, the dated listed below are the dates Spindle worked while Perkins was working or resting other tours at the Ticket Receivers Office in New Haven:
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.
At the time this dispute arose, the Claimant was regularly assigned to a Ticket Receiver's position working 1:30 P.M. to 9:30 P.M. with Sunday and Monday as rest days in New Haven, Connecticut. Clerk John Spindle was displaced by Clerk M. Perkins on November 15,1996. Spindle was held in order to train Perkins in accordance with Rule 3-C-1(d). By letter of January 9, 1997, the Organization filed a claim on behalf of the Claimant in which it alleged that Spindle had no right to work while Perkins was working or resting other tours at the Ticket Receivers Office in New Haven.
The Carrier responded to the claim by letter of March 7, 1997. In that letter the Carrier stated:
"The claimant, Ms. Pellegrino, had no right to work the assignments which John Spindle worked on the ten (10) days listed in your claims. The assignment belonged to Mr. Spindle even though an unqualified employee, Merrell Perkins, had exercised seniority onto it, and was being trained on the dates in question. The junior incumbent, Mr. Spindle, did remain on Form 1 Page 3
In its final letter to the Carrier, dated August 24, 1998, the Organization alleged that Spindle was not held to train Perkins, but continued to work as if never displaced.
The Board finds no evidence anywhere in the record to support the Organization's position with respect either to the Rules allegedly violated, or the work performed (or not performed) on the dates cited. In the face of such a void, the Board has no choice but to dismiss the claim.