(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

(Northern Region)


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

 (1) The Carrier violated the Agreement when it assigned Boilermakers to repair a Bridge and Buil (System File C-TC-2128/MG-4528).

 (2) Because of the aforesaid violation, Roadway Equipment Repairmen P. Bitler and J. Risher shall each be allowed six (6) hours of pay at their respective straight time rates."

 OPINION OF BOARD: As Third Party in interest, the International Brotherhood
 of Boilermakers and Blacksmiths were advised of the pen
 dency of this case, but chose not to file a Submission.

 On February 6, 1984, two Boilermakers repaired the bed of a truck at the Backshop in Grand Rapids, Michigan. The Organization subsequently filed a Claim, challenging the Carrier's assignment of this work to Boilermakers.

 The Organization contends that under the Scope and Seniority Rules of the governing Agreement, certain work accrues only to the listed classes of employes, including the Roadway Machine and Equipment Repair and Service sub-department; Boilermakers are not included in the listed classes. The Organization argues that the work of repairing trucks accrues only to those employes who have established seniority in the Roadway Machine sub-department. Moreover, the disputed work historically has been performed by Roadway Machine Repairmen. The Organization contends that Carrier's assignment of this work to employes not covered by the Agreement is a violation of the Agreement.

 This Board has reviewed the evidence in the record, and we find that the Organization failed to meet its burden of proof that the work at issue belongs exclusively to the Maintenance of Way Employes. In fact, there is evidence in the record that the Boilermakers have performed the disputed work in the past. Hence, the Claim must be denied.

 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;
                        Docket Number MW-26353


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:
        Nancy J. Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.