THIRD DIVISION Docket Number SG-24818


                  · Edward L. Suntrup, Referee


                (Brotherhood of Railroad Signalmen

PARTIES TO DISPUTE:
                (Southern Railway Company


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
 Signalmen on the Southern Railway Company, et al.:
(a) Carrier violated the Signalmen's Agreement, particularly Scope Rule 1, when they instructed and permitted Maintenance of Way Employee J. W. Whitehead to perform duties that have historically been assigned to and performed by Signal Employees covered by the Signalmen's Agreement, when it is necessary to protect underground signal cable.
(b) Carrier should now be required to compensate Signal Maintainer D. L. Watson, in addition to any other compensation due him, an amount of no less than forty (40) hours each week at his overtime rate starting June 29, 1981 and continuing thereafter until a signal employee is assigned to the work of protecting the underground signal cable. (General Chairman file: SR-241. Carrier file: SG-5171
OPINION OF BOARD: This is a contract interpretation dispute initiated on August
 6, 1981 by the Organization on behalf of Signal Maintainer
 D. L. Watson. The Organization's claim is that Maintenance of Way employee
 J. W. Whitehead performed ckvrk which had exclusively been the purview of the
 Brotherhood under the Scope Rule of the Signalmen's Agreement.
The instant dispute arose out of the actions of Carrier's C & S Department employees marking signal cable and microwave cable with blue flags at MP 633, north of Peachtree Station in Atlanta to protect the cable from being damaged by contractors working on a MARTA project. A review of the record, however, shows that the Organization has failed to present sufficient substantial evidence of probative value to establish the flagging operation as exclusive Signalmen work under the Agreement provision cited. Along list of Awards of the National Railroad Adjustment Board has established the precedent that in cases such as this the burden of proof rests with the moving party (Third Division Awards 13691; 19506 inter alia). That burden has not been met here.
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;
 Award Number 24779
 Locket Number SG-24818 Page 2
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 AA7USTMENT BOARD

                            By Order of Third Division


Attest:~'~
        ~ II

        Nancy er - Executive Secretary


Dated at Chicago, Illinois, this 13th day of April, 1984