This dispute involves the Carrier's assignment of Track Subdepartment, rather than B&B Subdepartment, employees to perform certain work on the Memphis Subdivision on the claim dates specified. The organization contends, and the claim avers, that the work in question was the installation of culverts. It argues that Third Division Award 19028 on this property, establishing that Rule 41(a) and (e) contemplates that installation of pipe is within the purview of the B&B Subdepartment, is determinative. The organization avers that there is no difference between drains and culverts, and that there is no limitation in the Agreement concerning where the installation of culverts is to occur.

The Carrier defended its assignment on the property by stating that the work in issue was tearing out and rebuilding railroad crossings including drains under the crossings, which Track Subdepartment forces had always performed in their rehabilitation of crossings. The carrier contends that the B&B Subdepartment never maintained drains or culverts under road crossings, while admitting that the work of culverts under track has historically been maintained by B&B forces, and notes that Third Division Award 19028 does not mention anything about road crossings. The Carrier argues that an irreconcilable conflict of fact exists, and that the Organization has not met the high burden of proof required in cases involving a jurisdictional question between classes of employees represented by the same organization.

The Board reviewed the record in this case, which consists mainly of the claim, Carrier's responses and the Organization's appeal, and we find that the Organization has not met its burden of proving that the Carrier violated the Agreement. In light of the Carrier's assertions that B&B Subdepartment forces never maintained drains under road crossings and that Track Subdepartment employees did so while rehabilitating crossings, coupled with the fact that Third Division Award 19028 does not deal with culvert work under railroad crossings, it was incumbent upon the Organization to present some evidence refuting this assertion or showing that culvert maintenance by B&B Subdepartment forces did include railroad crossings. Its failure to do so must result in a denial of this claim. Third Division Awards 20408, 17833, 16482.

AWARD