Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28011
 THIRD DIVISION Docket No. MW-27181
 89-3-86-3-237
 The Third Division consisted of the regular members and in
 addition Referee Robert W. McAllister 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, on October 2, 3, 9, 10, 11, 12, 16, 17, 19, 22, 23 and 25, 1984, it assigned and used Assistant Foreman F. Bradford to perfo
(2) Claimant F. Sanchez shall be allowed the difference between what he was paid at the carpenter's rate and what he should have been paid at the B&B welder's rate for seventeen (17) hours and twenty-five (25) minutes."

 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.

The Claimant, who held seniority as a welder, was unable to work as such due to the Carrier's abolishment of all welder positions on its Western Division. Consequently, he exercised his seniority to a carpenter position on B&B Gang No. 4, which consisted of a B&B Foreman, a B&B Assistant Foreman, and three carpenters. Between October 2 and October 25, 1984, the Assistant Foreman, who does not hold s the Organization contends should have been assigned to Claimant by virtue of his seniority. The Organization claims that a total of seventeen hours and twenty-five minutes of welding work was performed over twelve dates of Claim. The amount of welding done each date ranged from thirty minutes to three hours.
 Form 1 Award No. 28011
 Page 2 Docket No. MW-27181
 89-3-86-3-237

 The Organization does not argue that the Carrier was required to establish a welder position to perform this work nor has it cited any rule which would have required the establishment of such a position under these circumstances. Its assert the Assistant Foreman's lack of welder seniority.

 The Scope Rule upon which the Organization relies is a general classification rule (Third Divisi through historical custom and practice, that welding work has been reserved to employees holding seniority in that classification. The Carrier has asserted that the opposite is true, and the Organization has not effectively refuted this position.

 Under the circumstances, we must hold the Organization has failed to meet its burden of proof, and the Claim must be denied.




                              By Order of Third Division


Attest:
        Nancy J. - Executive Secretary


Dated at Chicago, Illinois, this 31st day of July 1989.