Commencing October 1, 1990, the Carrier used Bridgeman J. M. Turman (who holds seniority in the Bridge and Building Department and has no seniority in the Roadway Machine Department) to operate Tie Handler 12300304 to work with B&B Gang 4102 between Athens and Murchison, Texas, on the Corsicana subdivision which had been working in conjunction with a tie gang. The organization contends that claimant (who holds seniority as a Machine Operator in the Roadway Machine Department) should have been assigned the work and that by assigning the work to Turman, the Carrier improperly crossed seniority lines.

Putting aside the question of Claimant's availability for work (the record shows that Claimant was on medical leave until October 29, 1990 and he then worked until January 2, 1991 when he was furloughed) we find that the Organization has not carried its burden. The Organization presented statements of employees asserting that the operation of tie handlers has historically and exclusively been performed by Machine Operators. The carrier asserts that the piece of equipment used by Bridgeman Turman was a bridge tie crane (which is the same as a tie handler with safety clamps which attach to the rail so that the machine will not tip over when the boom is extended) and points to statements from employees and Supervisors that for many years B&B employees have been used to install bridge ties using various types of equipment including bridge tie cranes.

The record is thus in conflict. The burden, however, rests with the Organization to demonstrate that by practice the work has exclusively been assigned to Machine Operators. Third Division Award 21495. Given the conflict in this record, that burden has not been met. The claim will therefore be denied.

AWARD