Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27093
 THIRD DIVISION Docket No. MW-26744
 88-3-85-3-613
 The Third Divisiin consisted of the regular members and in
 addition Referee Peter R. Meyers when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

 (1) The Carrier violated the Agreement when it assigned junior Carpenter C. L. Gardner, Jr. to perform overtime service on August 13, 14, 15, 16, 17, 20, 21, 22, 23, 24 and 27, 1984 instead of using Carpenter G. L. Whitaker who was senior, available and willing to perform that service (Carrier's File MW-ROK-84-12).

 (2) Carpenter G. L. Whitaker shall be allowed eleven (11) hours of pay at his time and one-half rate."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant is employed as a carpenter by Carrier, in its Bridge and Building Department. Beginning on August 13, 1984, Carrier used an outside contractor to perform bridge repair work at West Liberty, Pennsylvania. In connection with the repair work, Carrier assigned Carpenter Gardner to work as a flagman; the assignment included overtime work. The Organization thereafter filed a claim on Claimant's behalf, challenging the assignment of such overtime to Carpenter Gardner Form 1 Award No. 27093
 Page 2 Docket No. MW-26744
 88-3-85-3-613

 This Board has reviewed the evidence in this case, and we find that the Organization has not met its burden of proof. The Organization has not presented sufficient evidence to support its argument that Claimant should have been assigned the overtime. There is no evidence that the Carrier acted in such a way as to avoid the seniority provisions of the Agreement. Therefore, the claim must be de





                          By Order of Third Division


Attest:
      Nancy J. - Executive Secretary


Dated at Chicago, Illinois, this 17th day of May 1988.