Holder shall now be paid at the respective and applicable vehicle operator rate for all straight time and overtime hours worked by Gang 6M65 beginning sixty (60) days retroactive from August 18, 2005 and continuing forward until the vehicle operator position on Gang 6M65 is advertised and the violation stops. FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.
The Organization asserts the Carrier used the foreman of Gang 6M65 to operate a six-man vehicle on a daily basis rather than bulletin a vacancy. Accordingly, it asked that Claimant be compensated as if he had been assigned the job by bulletin.
The Carrier has denied the claim, asserting there is no factual basis for it. We have reviewed the record before the Board and find that the Organization has not met its burden of proof to establish that this work was, in fact, performed on a regular basis by the foreman. The mere assertion of a violation of the Agreement, absent any evidence, is not sufficient for us to sustain the claim.