There is no rule in the current shop crafts' agreement which provides that carrier's employes must be used on carrier's equipment which is rented to other railroads or outside industries. As a matter of fact, carrier's wrecking crews are entitled by the shop crafts' agreement only to such work as may be done for the benefit of the carrier on its property as covered by that agreement.

The title page of the current shop crafts' agreement specifically provides that

"It is understood that this agreement shall apply to those who perform the work specified in this agreement in the Maintenance of Equipment, and all other Departments of this Company wherein work covered by this Agreement is performed."

from which it is self-evident the current contract has application only to work performed on carrier's property. Moreover, neither what has just been quoted from the title page nor Rule 41-the Wrecking Crew Rule-of the agreement makes mention of the use of carrier's equipment or employes by other companies.

Carrier asserts in the case at issue, it has not in any manner violated any of the provisions of the current shop crafts' agreements. Carrier holds the current agreement is confined solely to its employes performing work on its property.

Carrier also asserts the American Smelter and Refining Company simply rented its wrecking outfit and 'used five of carrier's employes to rerail their crane on their property.

Carrier holds that neither Rule 41 nor any other rule of the shop crafts' agreement can be interpreted to give its employes rights to any work necessary to be performed at the American Smelter and Refining Company plant.

Carrier also holds there is no justification for the claim and asserts the provisions of Award 2213 of your Honorable Board meets on all fours the issue in the case at hand and supports in full the position of the carrier.

The claim should and must be denied.

FINDINGS: The Second 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 employe 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.

The parties to said dispute were given due notice of hearing thereon.

The pertinent part of Rule 41(c) is identical with the rule interpreted. in our Award No. 2213, where we held that it applied to wrecks and derailments on carrier's property. Here one of carrier's wrecking derricks with a skeleton crew was made available to the American Smelting and Refining Company at Leadville, Colorado, to rerail one of their cranes within their plant at their expense. Thus it appears that Rule 41(c) was not applicable.

AWARD