(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
 of Railroad Signalmen on the Chicago and North Western Transportation Company:

 (a) The carrier violated and continues to violate the current Signalmen's Agreement bearing effective date of June 1, 1951 especially the Scope Agreement by assigning and/or permitting other than Signal Department employes to maintain the car retarders at Escanaba Ore Dock, Escanaba, Mich.

 (b) Carrier should now be required to compensate Signal Mtnr. Mr. D. E. Armstrong, headquartered at Escanaba, Mich., or any occupant of that position at his overtime rate of pay for all time spent by other than Signal Dept. employes, but no less than a minimum call for each and every day said work was performed, starting sixty (60) days prior to the date of this claim and continuing until this violation is corrected." (Carrier File: 79-13-17/

 OPINION OF BOARD: Petitioner in this case seeks payment to Signal
 Maintainer D. E. Armstrong based upon an assertion that Carrier has violated the Agreement by permitting other than Signalmen to perform reserved work. In order to prevail, the Organization has the burden of supporti claim, to wit: 1) that outsiders performed the work for which claim is made and 2) that the disputed work is reserved to covered employes. The record presented in this case is devoid of any showing that outsiders performed the work in disp fatal to the claim. Since the primary showing of performance is not made it is not necessary to decide the issue of reservation. Hence the present claim must fail on the first point without our deciding the remaining question.


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds sad 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, 1923;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                  A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: pAaL~

        Executive Secretary


Dated at Chicago, Illinois, this 14th day of December 1979.