I (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Robert W. Blanchette, Richard C. Bond and ( John H. McArthur, Trustees of the Property of ( Penn Central Transportation Company, Debtor i STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when, on April 6 and 20, 1974, an employe junior to Track Welder John Borrelli was called and used for overtime service and, as a consequence thereof

 (2) Track Welder John Borrelli shall be allowed sixteen (16) hours of pay at his time and one-half rate.

 OPINION OF BOARD: The instant dispute arose when Carrier failed to
 call Welder John Borrelli for overtime service on
 April 6 and 20, 1974. On Saturday, April 6, 1974, a track gang was
 called to perform track work in connection with a derailment. On
 Saturday, April 20, 1974, once again a track gang was called to perform
 track work in connection with a derailment. On both dates, a member of
 the gang cut rails with an acetylene torch. It is the Organization's
 position that the work of cutting rail using an acetylene torch is work
 reserved exclusively to track welders. Accordingly, Claimant, the
 senior available qualified welder, should have been called to perform
 this work on both claim dates which were his rest days.

 The Organization relies on Rule 53, Classification, and Rule
 26-A, Work On Unassigned Days, to support their contention that Claimant,
 rather than a junior_employe, should have been used to perform the work in
 question. However, the facts evidence that the 5iganization never =alse3
 the issue on the property that Rule 26-A was violated in the instant case.
 Consequently, we hold that it is too latefteem terse it tor_-'tfi-e-fi=st
 time before this Board. No citation of authority is needed for this
 Renerally accepted principle-.-__--------_-__-

Board further holds that Rule 53 does not reserve the work of cutting rails exclusively to Track Welders as claimed by the Organization. This Board has consistently held that classification of work rules, such as Rule 53, do not reserve work exclusively to the job
 -- c-Tassi~cations enumerated t ere n . us; caen- AH-emp oye o er ~fian a -----
 Track Welder cut rails on the claim date, Rule 53 was not thereby violated. j
                    Docket Number MW-21477


The Organization has cited no contractual provision, save for Rule 26-A which is not properly before us, in support of their position that the work in question was reserved exclusively to Track Welders. Inasmuch as the Organization has failed to establish that the work of cutting rails belonged exclusively to Claimant's job classification, Claimant's seniority did not entitle him to be called for the work on his rest days.

 This Board additionally concludes that Third Division Awards 10358 and 10768, relied- on by the Organization, lend no support to their position. Although both those Awards involved Rule 53, the facts therein were not analogous to those currently before this Board. In both those Awards, an employe of another craft performed the work complained of. We therefore find those Awards factually distinguishable from the claim at hand since here a member of claimant's track gang performed the rail cutting.

 The instant claim is devoid of any contractual support and must be denied as a result.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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 Agreement was not violated.


                                        Via;:;

                    A W A R D , \ - "


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 6th day of January 1978.


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