The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.
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.
This claim alleges a violation of the Agreement when Foremen were called instead of the Claimants to perform Trackman work on the claim date. Careful review of the record shows that elements essential to the merits of the claim have not been established.
The Carrier's assertion that Claimants Slates and Stinchcomb were called and were not available have not been refuted. The statement provided by Slates does not relate to the claim date. The Organization's assertion of typographical error is just that - an assertion - and cannot serve to rehabilitate information contained in a handwritten Form 1 Award No. 35992
statement. The statement provided by Claimant Stinchcomb actually corroborates the fact that he was not at home when called on the claim date.
As for the remaining two Claimants, the record provides only assertion, without any supporting evidence whatsoever, that Foremen W. Pratt and B. Walton performed Trackman work. Such assertion was refuted by the Carrier. Thus the Organization was required to prove its contention. It failed to do so.
This Board, after consideration ofthe dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.