Except as expressly admitted herein, the Carrier denies each and every, all and singular, the allegations of Petitioner's claim, original submission and any and all subsequent pleadings.

(Exhibits not reproduced.)

OPINION OF BOARD: The System Committee of the Brotherhood makes this claim in behalf of nine section laborers, members of Section Crew 422 located at Smithville, Texas. It contends these men should have been paid at Water Service Helper's rate of pay for the hours of service performed on February 2 and February 4, 1948, when they were assigned to assist the Water Service forces in laying a new water pipe at Smithville, instead of Section Laborer's rate, at which rate they were actually paid, and asks that they be paid the difference.

Carrier contends that under the Railway Labor Act this division is without jurisdiction to determine this dispute. As to this contention we find it to be without merit. Here recovery is sought under Article 14, Rule 1 of the Brotherhood's Agreement. This agreement is properly before us as the employes covered thereby are within the jurisdiction of this division. Rules of the Carrier's Agreement with the Sheet Metal Workers International Association, as they apply to Water and Plumbing employes, are here used not for the purpose of determining the rights of any Water Service employes thereunder, of which this Division does not have jurisdiction, but is evidence of the classification of the work here performed by these employes and the rate which Carrier has contracted to pay for the performance thereof, for which Claimants here seek recovery under the rules of their own Agreement. For similar holdings of this Division see Awards 674. 1544, 1598, 2169, 3489 and 4528.

Article 14, rule 1 of the Agreement provides:

"An employe working on more than one class of work on any day will be allowed the rate applicable to the character of work preponderating for the day, except that when temporarily assigned by the proper officer to lower rated positions, when such assignment is not brought about by a reduction of force or request or fault of such employe, the rate of pay shall not be reduced.

This rule not to permit using regularly assigned employes of a lower rate of pay for less than half of a work day period, to avoid payment of higher rates."

The record shows that on February 2, 1948, the work performed by Claimants was that of opening and closing a ditch to enable the Water Service forces to make repairs to a iu4" water line leading to the Roundhouse at Smithville. This ditch ran under the Carrier's tracks. On February 4, 1948, the work performed was that of opening and closing a ditch to enable the Water Service forces to repair a break in a 4" cast iron water pipe. This ditch was near the Carrier's concrete crane pit and alongside its tracks.

While incident to the work performed by these men, since the ditches were dug either under or alongside of tracks, was the maintenance of the Carrier's right-of-way, however, the reason for doing the work and its primary purpose was that of maintaining the Carrier's water supply system, work which belongs to the Carrier's Water Service forces. In view thereof, since the rate claimed is the lowest paid Water Service forces, we find the Committee's position well taken and that the claim is meritorious. For similar holdings see Awards 3638 and 4077 of this Division.

The number of hours that each of the claimants worked at performing these services, on the days involved, is fully set out in the record and will not be restated here. We find it sufficient, particularly in view of the last Para graph of Article 14, rule 1, to sustain the claim for the rate asked,

FINDINGS: The Third Division of the Adjustment Board upon the whole record and all the evidence, finds and holds:

That both parties to thus dispute waived oral hearing thereon;

That Carrier violated the Agreement.

AWARD