"Claim of the Committee of the Union that:

1. That the Chesapeake and Ohio Railroad Company (CSX

Transportation, Inc., (hereinafter referred to as `carrier') violated

the controlling Shop Crafts Agreement specifically Rule 154 (a) and

(b), when the carrier assigned other than carmen painters to

perform work exclusively reserved to the carmen painters craft.

2. Accordingly, the carrier be instructed to pay carman W. E. Love,

Jr., ID #188769 (Hereinafter referred to as `claimant') eight hours

at the applicable carman overtime rate for said violation."

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

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

As Third Party in Interest, the International Association of Machinists and Aerospace Workers was advised of the pendency of this dispute, but it chose not to file a Submission with the Board.

This is another case whose focus is primarily upon Classification of Work Rule 154 and the Carrier's application of the Incidental Work Rule. By reference here, the Board incorporates its discussion of Article V of the Incidental Work Rule in Second Division Award 13244.

This claim arose because the Carrier assigned a Machinist to paint three lockers in the Truck Shop at its Huntington Locomotive Shop. The Carrier asserts that the actual painting took two hours or less and was a "simple task" as contemplated by the Incidental Work Rule.

The Organization contends that the disputed work properly belongs to its craft pursuant to Rule 154 and that Carmen Painters have historically painted lockers at the Huntington Locomotive Shop.

The Board finds that the disputed work is properly that of the Carmen Painter craft. Nonetheless, we do not find sufficient evidence to establish the actual time that it took to paint the three lockers. Because there is an irreconcilable conflict in the record established on the property as to this key data, we must dismiss the claim.

AWARD