"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned Track Department employes T. Graham, R. Cleto and P. Collins to perform Bridge and Budding (B&B) Department work (install `temp' platform/pedestrian crossing) in the gauge side of Track 2 at the Clinton Station in Clinton, Connecticut on May 20, June 2 and 9, 2005, instead of B&B Department employes K. Butler, A. Bogan and R. Jeffcoat (Carrier's Files NEC-BMWE-SD-4532, NEC-BMWESD-4533, NEC-BMWE-SD-4534 and NEC-BMWE-SD-4535 AMT).

(2) As a consequence of the violation referred to in Part (1) above, Claimants K. Butler, A. Bogan and R. Jeffcoat shall now be compensated a total of fifteen (15) hours at their respective straight time rates of pay."

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved dune 21,1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The claims concern the Carrier's assigning the work of installing a pedestrian crossing to three employees of the Track Department rather than the Claimants who were employees of the Bridge & Buildings Department. The Organization relies primarily on the Scope and Classification Rules, observing that the Classification Rule describes the work of B&B Mechanic as, "Construct, repair and maintain bridges, build and other structures;" in contrast to the description of the work of Trackman, "Constructs, maintains repairs, inspects and dismantles track and appurtenances thereto, including right-of-way maintenance." These descriptions are relatively general in nature. The work involved did not concern construction but rather, as the Carrier maintained during handling on the property and as was not refuted by the Organization, the attachment of a pre-fabricated rubber crossing to the track. Furthermore, Paragraph F of the Classification Rule expressly provides:

"The listing of work under a given classification is not intended to assign work exclusively to that classification."

Accordingly, we cannot say that the Agreement exclusively reserved the work for B&B Department employees.

It is well-established that in a case such as this, the Organization has the burden to prove that in practice the work has been performed exclusively by the Department or Classification claiming the work. See e.g., Third Division Awards 339'70, 28263 and 25462. In an effort to meet its burden, the Organization submitted written statements from a number of B&B employees averring that they had performed the work of installing pedestrian crossings at Amtrak stations and/or

AWARD