Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28779
 THIRD DIVISION Docket No. MW-28621
 91-3-88-3-460
 The Third Division consisted of the regular members and in
 addition Referee Marty E. Zusman 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 Welder Lemaster instead of Trackman R. L. Burns to perform trackman's work on the Big Sandy Subdivision on November 2, 1987 [System File C-TC-2566/12(88)-174)].

 (2) As a consequence of the aforesaid violation, Mr. R. L. Burns shall receive pay for:

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.

This dispute arose when the Carrier allegedly utilized a welder to remove crossing boards and clean culverts~for eight hours on November 2, 1987. The Claimant was a furloughed trackman who was not recalled to perform trackman's work. The Organiza Rules 2, 3, 5 and 66 of the Agreement.
 Form 1 Award No. 28779
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 The Carrier argued that the welder was shown as performing boutet welding on November 2, 1987. Carrier maintains that the welder assisted in removing a crossing board only because the regular welder helper was away from the job. Carrier further maintains that the time involved only two hours and the work performed did not include cleaning culverts.

 As, a preliminary point the Ex Parte Submissions of both parties include arguments not presented material.

 In the case at bar the Organization has carried its burden of proof. It has provided a signed statement from the welder that he did perform trackman's work and clean out Roadmaster's letter of January 27, 1988, does not contain substantial information to refute the Orga evidence that the welder did not perform trackman's duties for eight hours as claimed.

 The Carrier on property and before this Board has presented Public Law Board 4138, Awards 2, 3 and 4, as well as, Third Division Award 27979 (between these same parties) as support for its position. The Carrier argues that it is not required to recall a furloughed trackman when qualified track subdepartment employees are available, as in the instant case.

 A careful review of the Awards of Public Law Board 4138 show them to involve Rule language very different from the instant Rule. Awards of Public Law Board 4138 involve a Rule which permits machine operators when not needed on machines to perform other work in their respective subdepartments. Rule 2 of this Agreement indicates that a clear distinction was negotiated as to seniority rights by classe Rule 3(a). Rule 3 shows that the parties clearly meant to separate welders from track laborers. Past Awards have recognized this fact (Third Division Awards 25700, 25701, 24521). Finding no Rule providing exception on this property (as existed in Public Law Board 4138)', trackmen's work must be performed by trackmen. Simi Organization's Dissent) finds that its logic was based upon substitution or supplementation of work and other issues 'not before us. It is not accepted by this Board as authority in this case.

 Consequently, we find in this rgcord a clearly stated Rule restricting the Carrier. Form 1 Award No. 28779
 Page 3 Docket No. MW-28621
 91-3-88-3-460

        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J. 0'er - Executive Secretary


Dated at Chicago, Illinois, this 30th day of April 1991.