(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 on August 1, 11, 12, 13, 14, 15 and 19, it assigned other than Track forces to perform the work of cutting right-of-way under signal and telephone lines at Shannon, Helena and Alabaster, Alabama. (System File 1-16/E-304-12)

 (2) Section Foreman L. M. Atchison and Section Laborers J. Ross, D. E. Thornburg and A. Glen each be allowed fifty-six (56) hours' pay at their respective straight time rate because of the violation referred to in Part (1) of this claim.

 OPINION OF BOARD: On the dates and at locations specified in the claim, Carrier
 assigned employes of the Telephone and Signal Departments to
 cut brush and undergrowth located under Carrier's communication lines which were
 endangering efficient operation of communication carried thereon.

 The Organization contends that the cutting of brush and clearing of right-of-way is work reserved by Agreement and understanding to employes of Carrier's Track Departme have cut brush and trees over the entire System, that interfered with communication lines; also, tha equipment boxes has been the responsibility of that department.

 A careful study of the record herein and an examination of Awards on the question find work involved in the instant dispute falling in a "twilight zone" between two Crafts. The Petitioning Organization relying upon history, tradition and practice supported by Carrier instructions issued in 1955 that; "Section forces are responsible for cutting underbrush over the entire right-of-way, including that under tel Carrier relied upon Rule 2(f), an exception to the Scope Rule, when it contracted out certain right-of-way brush cutting.

 On the other hand, Carrier, throughout the handling of the dispute on the property, steadfastly contends that removal of brush, trees and undergrowth under communication lines and around communication boxes is the responsibility of the Telephone and Signal Departments to keep communication lines open from interference created b


The Board has adhered to the principle, when the record lacks conclusive evidence of work assign such*work belongs is by examination of the reason for the performance of the work." (3638-Lewis).

 The Board finds the instant record, without encroaching upon Petitioner's contractual right to the clearing of brush and vegatation from the right-of-way in Seneral, lacks the probative evidence necessary to prove that the work here involved, on this proper of the Telephone and Signal Departments. Therefore, the claim will be dismissed.

 The Division gave notice of this dispute to the Brotherhood of Railroad Signalmen and Transportation-Communication Division of BRAC. Each Organization responded, advising they would not file submission or be present at scheduled hearings; thus disclaiming any interest in these proceedings.

 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 dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: i
 Executive Secretary

        Dated at Chicago, Illinois, this 29th day of September 1972.