Marty E. Zusman, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (The Chesapeake 6 Ohio Railway Company (Southern Region)


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 1. The Carrier violated the Agreement when, without a conference having been held as required by Rule 83(c) (October 24, 1957 Letter of Agreement) it assigned outside forces to perform weed eradication work along tracks and around buildings in the vicinity of the Barboursville Reclamation Plant on April 28, 1983 (System File C-C-1825/MG-4145).

 2. Because of the aforesaid violation, furloughed Laborers T. Townsend, D. L. Cook, K. D. Dolen, J. Jarrett, W. J. Collins and R. J. Wall shall each be allowed eight (8) hours of pay at their respective rates."

 OPINION OF BOARD: This Board is asked to rule on a Time Claim asserting that
 Carrier contracted out work without agreed Letter of
 Intent. Within this dispute on the failure of Carrier to utilize furloughed
 Maintenance of Way Laborers are additional time limit contentions as well as
 disputes over excessive Claim and improper Claimants.

 We have reviewed the record as developed on property and fail to find evidence of a probative nature to support the assertion of a Carrier violation. In the instant case, 1983, by an outside contractor. Assertions that such work has traditionally and historically been performed by Laborers does not meet the Petitioner's burden of proof. No evidence of record establishes that such work herein disputed either belongs to the employes, or has ever been performed by Maintenance of Way Laborers.<
Finding no evidence to support the Organization's alleged Agreement violation, this Board denies the Claim. All other issues raised by the parties to this dispute on the property are herein considered of no further consequence by the Ruling.

        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;

                        Award Number 26032 Page 2

                        Docket Number MW-26014


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.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:(
            ~y


        Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 28th day of May 1986.

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