(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Southern Pacific Transportation Company

(Eastern Lines)


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

 (1) The Carrier violated the Agreement when it assigned outside forces to unload and load track material on the Kerrville Branch between San Antonio and Beckman, Texas beginning January 3, 1984 (System File MW-84-35/411-58-A).

 (2) Machine Operators S. R. Sampayo and J. G. Terrazas shall each be allowed seven hundred fifty-two (752) hours of pay at their respective straight time rates and three hundred sixty-eight (368) hours of pay at their respective overtime rates because of the violation referred to in Part (1) hereof."

 OPINION OF BOARD: Claimants hold seniority as Machine Operators on the San
 Antonio Division of the Maintenance of Way and Structures Department.

 On December 6, 1983, Carrier notified the General Chairman of its intent to contract with an outside firm to unload and load track material on the Kerrville Branch between San Antonio and Beckman, Texas. The firm, equipped with two backhoe tractors mounted on gondola cars, performed the work of loading and unloading track material such as bags of rail anchors, kegs of spikes, tie plates and joint bars. Beginning on January 3, 1984, two employes of the outside firm worked a total of 752 straight time hours and 368 overtime hours on this project.

 The Organization contends that the work contracted out is work exclusively reserved to members of the Organization pursuant to Articles 1, 2, 17, and 21 of the controlling Agreement. It maintains that loading and unloading track material has always been performed manually by track laborers or by machine operators using Burro Cranes and that the Carrier's assignment of such work to outside forces deprived the Claimants of work to which they were contractually entitled.

 Carrier points out that the burden of proof is upon the Organization to show that the work in dispute is covered by a specific Scope Rule provision or exclusive systemwide practice. In the instant case, the Organization failed to prove either element, Carrier asserts, since the loading and unloading work required speci the lessor's employes, and furthermore, since the lessor in this case had provided such services for
                        Docket Number MW-26322


Carrier also argues that even if a violation is found, the Claim for compensation must be denied because it is undisputed that Claimants were fully employed at all relevant times, thereby precluding a compensatory award.

 After a careful review of the record evidence, we are convinced that the organization's Claim must be rejected. That the work in question was in fact contracted out is not at issue, nor is there any dispute that Carrier gave proper notice. Furthermore, there is no disagreement here as to the seniority rights of Claimants under the Agreement. Such rights, however, are not relevant to this dispute unless it can first be established that the work at issue was Claimants' to perform either under the express coverage of the Scope Rule or under an exclusive Reservation of Work Rule. (See Third Division Awards 15943, 17943, probative evidence by the Organization on either of these essential points we have no alternative but to conclude that the record does not support the Organization's Claim. Carri for failure of proof.

        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.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


      C111 anw,.Ov.~_

Attest.
        Nancy ever - Executive Secretary


Dated at Chicago, Illinois, this 24th day of August 1987.