PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 The Baltimore and Ohio Railroad 'Company
 STATEMENT 1. Carrier violated the Schedule Agreement, as
 _O,F
 CLAIM: amended, when on January 3, 5, 6, 9, 13, 16, 17,
 18, 20, 23-27 and 30, 1978, Machine Operator Donald
 Morgan performed the duties of a trackman on claim
 ant's prior rights district and Welder Glen Yost on
 January 30, 1978, performed trackman's duties.
 2. Claimant Jerry Sprout, fur.loughed trackman, be
 paid as requested in his claim of February 21, 1978,
 for equal pay of the position.
 FINDINGS: Petitioner contends that Carrier used Machine Opera
 tor Morgan to clean snow from tracks and switches
 on 15 dates in January 1978, while claimant was on
 furlough.

While the claim was under discussion on the property, Carrier unambiguously stated that Mr. Morgan was not junior to claimant in either machine operator or trackman seniority and that he did not clean snow from tracks and switches on January 3, S, 6, 9, 13, 17 and 18, seven of the dates in issue. Carzier also asserted at that time that Welder Yost was working on January 30 at a derailment site and was not cleaning crossings at the location mentioned by Petitioner. No proof was presented to the contrary by Petitioner, although the burden of establishing all essential elements of the claim rests with Petitioner.
 We agree with Petitioner that the burden of proof with respect to the existence of an emergency rests with Carrier. The mere fact that snow has accumulated on tracks and switches does not show, in the absence of further particulars, that Carrier was confronted by an emergency on the seven remaining dates. However, the record does not indicate the amount of time spent in clearing the snow on those days, although that information is essential to Petitioner's case. Without it, this toard is not in a valid position to hold claimant's rights were violated to an appreciable degree.
 A sufficient factual showing has not been made and the claim will be denied.
                                                Awd. /#16 - 2630


AWARD: Claim denied.
              Adopted at Baltimore, Maryland,,~tciL!l,y1 /.S 1981.


              G / i . c:'>

              Hatold M. Westori. 'Chairman


    Carrier Member Employe Member