PROCEEDINGS BEFORE PUBLIC LAW BOARD NO. 3781
AWARD NO. 11
Case No. 11
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: W. E. LaRue

PARTIES TO DISPUTE:







STATEMENT OF CLAIM:

Claim of the Brotherhood (CR-710) that:


(b) The Carrier further violated the Agreement, particularly






Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.



After due study of the whole record on the confronting claim, inclusive of the parties arguments in support of their


positions in the case, the Board concludes and finds that the


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claim fails for lack of necessary proof and it is thus not necessary to address the time limit objections of the parties.

The requirement of proof exists for the protection of both parties as well as the Board. Properly viewed, it is not unreasonable or unduly burdensome. If a claim is sufficiently important to warrant this Board's consideration and critical facts are in dispute, it is certainly incumbent upon the Claimant to produce sufficient evidence to support his version of the facts on which he relies. We appreciate that it is sometimes difficult in these situations to obtain evidence, and our demands are tempered by that consideration. It is not necessary that the proof comply with technical formal requirements or that its volume be groat, but it should be su_ficiently specific and ample to establish the claim and enable the Board to resolve the conflicts.

The employees have the burden of showing a violation, and, although, we limit our findings to this particular record, we are unable to find that the employees have established their claim by an adequate evidentiary showing.


        Claim dismissed.


AWARD -_

        claim dismissed.


        BY ORDER OF PUBLIC LAW BOARD NO. 3781.


                Fred Blackwell, Neutral Member


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            Carrier3-1

R. 01ill, ~ember _ W. E. LaRue, Labor Member
Executed on ~/ ~, 1989

CON-3781\11-11.405

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