(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville and Nashville Railroad Company

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

 (1) The Carrier violated the Agreement when, or. May 19, 27, June 3, 10, 16, 24 and July 1, 1969, it assigned other than Track Department forces to perform the work of cleaning and graphiting switches at Bnyles Yard and hump leads. (System File 1-16/E-304-12)

 (2) Track Sub-department employes J. H. Rutland, R. Reed, L. L. Cordon and W. Hayes each be allo straight time rates because of the violation referred to in Part (1) hereof.

 OPINION OF BOARD: The claim herein is in behalf of Maintenance of Way employes
 because of signal maintainers allegedly cleaning and graph
 iting power switches in Carrier's Boyles Yard.

 Cleaning and graphiting of switches is not mentioned in the scope rule or any other rule of the agreement covering Maintenance of Way employes. In the handling of the dispute on the property the Carrier steadfastly maintained that it has always been the practice for signal maintainers at Boyles Yard to graphite switches, and that graphited by signal maintainers.

 In the handling of the dispute on the property the Organization did not submit sufficient probative evidence to overcome the assertions of the Carrier. The one statemen is not sufficient to overcome the positive assertions of the Carrier. The evidence submitted by both property will not be considered by the Board.

 It is well settled that the Organization has the burden of proving every element of its claim that is not accepted by the Carrier. As the Organization has failed to pr Maintenance of Way employes, the claim will be dismissed.

 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 be dismissed.


                      A W A R D


        Claim dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: Cal

        Executive Secretary


Dated at Chicago, Illinois, this 28th day of July 1972.