(^rotherhood of Maintenance of Way Employes PARTIES TO DTSPTTTH:

$TATFMFNT (IF ('IAIM: Claim of the System Committee of the Brotherhood that:

 (1) The C:irr ier violated the. Agreement when, on April 27, 28, 29, 30, May 1, 11 and 12, P7t' it assigned or otherwise permitted Material Department employes to load rail .and mi::c:.llaneous scrap (track) in Johnston Yard and South Yard, Memphis, Tenne=s,~· (:;vnt~m File T-72-T-70/Case 741).

 (2) The Cirrier violatCd the Agrcemcnt when, on June 30, July 1 and July 17, 1')70 it a:-:in a::si;·,ned or otherwise pE:rmitted M.ttcrial Department employes to load rail and :ii,7cellnnc.oiis scrap (track) at Johnston Yard and South Yard, Memphis, Tennessee (S::a~- File. T-(,3-T-70/Case.
(3) Mr, lI, .i., C-it0i he allowed 56 Ii-,irs' Fay at the burro crane operator's straight time. section laborer's ;.trli,a)t tine rite of. pay ',r:c;;:i!;e of the violation referred to in Part (1) .)f this LI..irt.
(4) Mr, if, J . :;mi rl be .i11t,wed 21 ho,irs' hiv at the burro crane operator's straight tine 1_o in ?art (2) of this claim.

 OPINION OF r(L1-I.D: On claim dates, Carrier as;;ttgncd and used Material Depart-
 r;)·.nt employes to operate a crane and hooking, rail tongs in connection with leading, rail and miscellaneous track scrap at Johnston Yard and South Yard at Memphis, Tennessee. The Organization in this dispute alleges that work of this character has he.(-.n traditionally and historically performed by Carrier's Roadway Mac involved Scope Role reserves this work to cmploycs covcrea by the Maintenance of Way Agreexent; that the Organization has failed in its ~vrden of proving with a preponderance of evidence that the work claimed has traditionally been exclusively assigned to ani perfor^~d by members of the Maintprance of Way Craft throughout the systems Carrier f~ir'har contends that the claim is i:tvalid for the reason that Claimants were un,«l.r· to p,:rform the claimed work for the reason that they were workin.- at othcr tasks at the time the work was performed; and that the monetary claim is impr claim dates.
                    Docket Number MW-19546


The record discloses that in handling this dispute on the property, the Organization failed to sustain its burden of proof of exclusivity. The Organization made many allegations and assertions to the effect that the involved work belonged excl allegations were not sit pported by probative evidence. The. Carrier, in this instance, specifically denied the allel;ationc that rho. involved work belonged exclusively to Maintcn:;nce of Way Force^.; this rlo,ial was not rebutted by the Organization. The ScoF~c !:ule it,, this case is gcn,.ral in nature. There is no specific language in r:;: A!·*rec-:nt which rc,crvr·^. t'iu invelved work to Maintenan by probative rvidcnc; t',rr the work c1.1ir-_;:11 h~·; F:ccn cxclu<ively assigned and performed by Nainterttr't,· ~,f Y.;·; r·mplo·-.·.es in the past. burden of proof, thi.; c1. r. ·.:i11 b0 do ~i.ed.

        FTNDLIGS: The Third "i.~. i !,,it -·I. tire :,dju: L,v.nl ·:o~r 1, r ,.,n the whole record and all t:,e cvi,;.-.c:., -!r ., and IZ:,I.i·:.


        That Lho p.,·.. _~ .. . i ·..·1 oral heari rte,


:hat thu ('.trr!tr :,r-! rhc i'-nlov···; inv~l..:·' it, ·liis rIisp,ttc are respectively' (;artier.' "7TI;,F·,·..: cI:rhin rhc -rn·,in;; .·r thr· ~;ailwnv Labor Act, as
    approvr:.~ Tn·re '1 , 1


        'I·.rr ~I~i:. ' . _ .~ il·· ~,rl.jii·:rrnrnr .~._-. . . ;:-ri·, .c'iclion r,vc·.r the

di!~prte involved h, r, i·);

        hat Llrc , , , ::! t; r·: nr ivi,·lnt~ -!.


                          A r.


        Claim OLnir"l.


                          NATIO^'AL F.'.ILWAlt ArJUSTMLNT BOARD

                          Py Order of Ehird Division


ATTEST: re x ,° ,. `. r ,'
 i.x^r.ati~2 :-t cr `L.,r':

 Dated at Chicago, Illirr.,i.^., this 14th city of Fchrunry 1973.