(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 September 2, 1967, it assigned employes represented by the Brotherhood of Railway and Steamship Clerks to perform work of maintaining the yard office at Oneonta and certain fixtures therein, which work had theretofore been performed by employes represented by the Brotherhood of Maintenance of Way Employes. (System Case 10.68 MW)

 (2) Trackmen F. Kreger, R. Carraro, D. Hawver, T. Bufo, G. Naples, F. Amatuccio, R. Dedek, ?1. Sega, S. Bufo, A. Kubick and M. Amatuccio, or their successors, be allowed a wage adjustment to provide them with pay at their respective rates for the same number of hours on an equal basis as they would have consumed in maintaining the yard office at Oneonta and certain fixtures therein subsequent to September 2, 1967.

 (3) The work of maintaining the yard office at Oneonta and certain fixtures therein be reassigned to trackmen normally headquartered at Oneonta.

 OPINION OF BOARD: Prior to September 2, 1967, the duties relating to janitorial
 service at Carrier's Oneonta Yard Office were assigned to
 and performed by trackman of Carrier's Track Department. Effective with
 September 2, 1967 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

        That the claim should be dismissed.


                    A W A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division

ATTEST: orl .

        Executive Secretary


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

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