Carrier' s mill room, and the Employes have cited no rule which has been violated.

What was done with respect to the door and screen was no different than if the storekeeper had purchased a door and screen from a local concern or had submitted a requisition and the General Purchasing Agent had purchased the same from some manufacturer or dealer. The B&B mechanic became interested only when he was called upon to make application of the door and the screen to the building. He performed that work because he was entitled to perform it as that is work which is generally recognized as work belonging to Bridge and Building employes.

It is further the position of the Carrier that what was done in this instance is no different than that which has been done for many years without complaint or protest from the Maintenance of Way Employes.

The Employes have not contended, and we do not think they can rightfully contend, that they be permitted to go into the mill room and take over the work which has been performed by another craft for a great many years.

The claim of the Employes is without merit and should be denied.

(Exhibits not reproduced.)

OPINION OF BOARD: The System Committee of the Brotherhood contends the Carrier violated its Agreement with them when it assigned to and had the Mechanical Department forces at North Little Rock, Arkansas, make a screen door and a glass top panel door for the office used by the Store Department in what is known as the Bolt Room. It asks that Claimant, B&B Mechanic A. W. Garrett of North Little Rock, be compensated, because thereof, for eight hours of pay at his regular rate.

The record shows that at North Little Rock the Carrier has a large shop used for the repair of cars and locomotives. In a part of this shop is a mill room equipped with the necessary machinery for doing mill work. When this mill room was established and equipped with machinery to do mill work is not shown by the record. The B&B Carpenter Shop at this point is not equipped with mcahinery to do mill work but only equipped with hand tools.

In February of 1947 the Mechanical Department forces (carmen), who were in charge of this mill room, made the screen door and, in April of the same year, the glass top panel door. Both of these doors were constructed on orders from the Store Department and were for the office used by the Store Department in what is referred to as the Bolt Room When constructed they were turned over to B&B Mechanics who fitted and installed them on April 21, 1947.

From the record it is apparent that prior to the mill room being equipped to do mill work that when Carrier needed doors, windows and things of that nature, it would purchase them on the open market. Its right to do so is not here questioned. Since the mill room has been equipped to do this type of work it is generally being done there on orders from the Store Department. The question that arises in connection therewith is, is the construction of these doors work within the scope of the Carrier's Agreement with the Brotherhood?

Rule I of the Agreement, as far as here material, provides:

"These rules govern the hours of service and working conditions

of all employes herein named in the Maintenance of Way Department

and Sub-departments thereof * * * as follows:

(a) Bridge and Building Department:

* x x Mechanics (carpenters and painters) helpers and laborers

(c) all other employes performing work properly recognized as belonging to and coming under the jurisdiction of the Maintenance of Way Department"

This Scope Rule of the Agreement embraces all work on the Carrier's property of the kind and class which employes of the named positions included therein usually and customarily performed at the time of the negotiation and execution thereof. It included the work of repairing and maintaining the buildings.

While B&B employes have always fitted and installed doors and windows, when needed in connection with the repair and maintenance of Carrier's buildings, it appears that prior to the mill room being equipped for the construction thereof the Carrier usually and customarily purchased prefabricated doors and windows in the open market and delivered them to the B&B employes in that condition for the purpose of fitting and installing. No objection is made to that practice. After the installation of the equipment in the mill the fabrication or construction thereof was usually performed therein on orders from the Store Department. In either event the Scope of the Brotherhood's Agreement does not extend to the fabrication thereof but only to the fitting and installation, after they are delivered for that purpose. See Award 2548 of this Division. We do not find any violation of the Agreement by the Carrier.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved Tune 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute Involved herein; and

That Carrier did not violate the Agreement.

AWARD