Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28263
 THIRD DIVISION Docket No. MW-27638
 90-3-87-3-50
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis 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 Agreement was violated when the Carrier assigned Foreman D. Maine instead of Truck Driver C. Townes to perform truck driving work on July 24, 25, 30, 31 and August 1, 1985 (System File NEC-BMWE-SD-1396).

 (2) As a consequence of the aforesaid violation, Mr. C. Townes shall be allowed forty-three and one-half (43 1/2) 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.

It is well established that the burden of proof is on the Organization to establish that the wor
On the dates claimed, a Foreman was assigned to an inventory project. In order to perform this work, he drove the Carrier vehicle to transport himself to the job site. It Form 1 Award No. 28263
 Page 2 Docket No. MW-27638
 90-3-87-3-50

 The Organization has failed to show either by specific language in the Agreement or by past practice that the work in question was exclusively performed by the Claimant.




                          By Order of Third Division


Attest:
      Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1990.