(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Southern Pacific Transportation Company (Eastern Lines):

 (a) Carrier violated the current Signalmen's Agreement, as amended, particularly the Scope, when it permitted persons not covered by that agreement - employees of the B as employees of the B&B Department - to perform signal work of installing train control type cantilevers at the East and West end of Kirby siding, Kirby, Texas, commencing on or about August 24, 1984, near Milepost 201.3 (East Kirby) and 203.4 (West Kirby).

 (b) Carrier should now be required to compensate its Signal Construction Gang $8 employees assig Antonio, Texas namely: Foreman D. W. Bachhofer, Signalman Driver D. A. Hale, Signalmen R. Ramirez, R. M. Rodriguez, A. I. Slansky, M. W. Fricks, and K. M. Bailey, additional time on a prorated basis equal to the man-hours of work the B&B forces or persons not covered by said agreement performed in connection with the above referred to signal work, as a consequence of the violation and/or the loss of work opportunity.

 (c) Carrier should check its records jointly and in cooperation with the representative of this Brotherhood to determine the number of manhours worked by or paid to of compensation due Claimants. (Not to be less than two weeks pay per man.) Carrier file: 420-69-A."

 OPINION OF BOARD: As Third Party in interest, the Brotherhood of Maintenance
 of Way Employes were advised of the pendency of this
 dispute and filed a Submission with the Division.

 On or about August 24, 1984, Carrier assigned B&B employes to perform work consisting of the thereafter filed a Claim on Claimant's behalf, charging that Carrier violated the controlling Agreement by assigning such work to B&B employes instead of employes covered by the Agreement.

 This Board has reviewed the evidence in the record, and we find that the work at issue is not specifically referred to in the Scope Rule and, therefore, in order for the Organization to prevail, there must be a showing
                        Docket Number SG-26576


that the work had been performed exclusively by the Organization members in the past. The record in this case makes it clear that the work has not been performed exclusively by Signalmen and that Maintenance of Way employes have done the work on numerous occasions in the past. Hence, the Organization has not met its burden and 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;

 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 r -'Executive Secretary


Dated at Chicago, Illinois, this 30th day of September 1987.