Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29298
 THIRD DIVISION Docket No. SG-29812
 92-3-91-3-180
 The Third Division consisted of the regular members and in
 addition Referee Hugh G. Duffy when award was rendered.

 (Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Norfolk Southern Railway Company

Continuing claim on behalf of J. K. LaMont, assigned headquarters, Linwood Retarder Yard, assigned working hours 7AM to 4 PM, assigned work days Monday through Friday, rest days Saturday and Sunday for the following:

 (a) Carrier is violating the Signalmen's Agreement, particularly Rule 2(c) among others, when they work three signal employees as Signal Maintainers at Linwood Yard but are not paying the senior employee at the Leading Signal Maintainer rate.

 (b) Carrier now be required to compensate the Senior employee J. K. LaMont'at the Leading Signal Maintainer rate starting 60 days retroactive from this date and continue until Carrier establishes the Leading Signal Maintainer position at Linwood Retarder Yard. Claim is for 11 cents each hour in addition to his pay as a Signa
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.

 Parties to said dispute waived right of appearance at hearing thereon.

 Claimant is the senior of three Floating Signalmen employed under the provisions of Rule 2(d) of the Agreement, headquartered at Carrier's Linwood Yard in Linwood, North Carolina. Each of the three protects a separate territory which is larger tha point. While they were assigned during the same period of time at Linwood
 Form 1 Award No. 29298
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 92-3-91-3-180

 Yard to assist signal maintainers who perform maintenance duties, the Carrier states that they work separately and not as a distinct group or gang; they receive their instruction work being permanently assigned.

 The Organization contends that the floating signalmen are in fact being used as regularly-assigned signal maintainers at Linwood Yard, and that the senior of the three, the Claimant, should be paid at the Leading Signal Maintainer rate under Rule 2(c) of the Agreement. It also contends that it is the established practice between the parties under Rule 2(c) that if more than one signal maintainer is assigned to and working on the same assignment, the senior of them should be paid at the Leading Signal Maintainer rate of pay.







The Board finds first that the Organization failed to rebut the Carrier's contention that the is provided for under the second sentence of Rule 2(d) of the Agreement.

 Turning then to the provisions of Rule 2(c), the Rule provides that a signal maintainer will be classified as a Leading Signal Maintainer when "assigned to work with and Form 1 Award No. 29298
 Page 3 Docket No. SG-29812
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 There is nothing in the record which indicates that the Carrier has assigned Claimant to supervise the work of the two other employees, and the Organization did not come forward or gang, or that Claimant in fact performs any supervisory duties.

 As to the Organization's assertion that it is an established practice between the parties to require that the senior of two or more employees working together on maintena rate of pay, the Carrier denies that any such interpretation of Rule 2(c) has ever been made, and we find nothing in the record to support the Organization's assertion of such an
The Board thus finds that the Organization has failed to sustain its burden of proof that the Carrier has violated the provisions of Rule 2(c), and the Claim must accordingly be denied.






Attest: e
 Nancy J. r - Executive Secretary

 Dated at Chicago, Illinois, this 24th day of July 1992.