(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the agreement when, on or about May 11, 1967, it assigned employes represented by the Brotherhood of Railway and Steamship Clerks to perform work of maintaining the yard office at Binghamton and certain fixtures therein, which work had theretofore been performed by employes represented by the Brotherho 9.68 MW)

 (2) Trackmen Downton 0. Swartz, Elmer E. Lee, James Schemerhorn, Herbert Beman, Frank Sullivan and Louis Tuttle, or their successors, be allowed a wage adjustment to for the same number of hours on an equal basis as they would have consumed in maintaining the yard office at Binghamton and certain fixtures therein subsequent to May 11, 1967.

 (3) The work of maintaining the yard office at Binghamton and certain fixtures therein be reassi Binghamton.

 OPINION OF BOARD: Prior to May 11, 1972, the duties relating to janitorial
 service at Carrier's Binghamton Yard Office were assigned
 to and performed by trackmen of Carrier's Track Department. Effective with
 May 11, 1972, the aforesaid work was assigned to clerical employees at that
 location.

 Carrier contends that where, as here, the Scope Rule involved is general in nature and does not specifically refer to the work in dispute, Petitioner has the burden of proving that the work has been reserved exclusively for the Employees herein.

 The record in this case is barren of such evidence. Accordingly, we shall dismiss the claim for lack of proof.


FINDINGS: The Third Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and upon
 the whole record and all the evidence, finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        Claim should be dismissed.


                    A WAR D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of May 1972.