Prior to abandonment of this trackage it formed a part of the facilities of the L&N Railroad in its operation as a common carrier. During its operation maintenance was performed by employes covered by the Maintenance of Way Employes' Agreement. When abandonment of the Powhatan Branch was authorized, it no longer formed a part of the facilities used in the operation of the railroad and therefore was charged out of the carrier's accounts. Since it was no longer required as a facility in the operation of the railroad, the Maintenance of Way Agreement was no longer applicable and therefore the carrier was justified in contracting for the dismantling of the branch and its removal from the premises. No work was performed by the contractor on the spur to which this branch was connected. Contractor removed the Powhatan Branch up to clearance point of switch only, after which switch was removed and track lined up by L&N forces.

The scope rule of the agreement between the L&N Railroad and its employes represented by the Brotherhood of Maintenance of Way Employes covers rates of pay and working conditions of several classes of employes while engaged in Maintenance of Way and Structures services of the carrier. With the abandonment of the Powhatan Branch it no longer constituted a facility of the carrier in its operation as a common carrier and as a result no further maintenance was required.

Carrier maintains that the work of removing trackage, etc., on abandoned branches is not work usually performed by maintenance of way employes only. On the contrary, on this property it has been recognized over the years that the carrier had the right to contract the removal of trackage, etc., on abandoned branches. In support of this we are attaching Carrier's Exhibit "A", which is a print of drawing H-65534, on which is listed branches abandoned since June 2, 1932, from which it will be noted that the larger number of removals of trackage on these abandoned properties have been performed by contractor's forces with no protest from the employes until this case was filed with the Board.

In view of the foregoing there is no merit to the claim of the employes and it should be denied.

(Exhibits not reproduced)

OPINION OF BOARD: This Carrier, by agreement with the Franklin Coal Mining Company, established in 1918 what later came to be known as the Powhatan Branch. This was 3.1 miles in length and was used exclusively for moving empty cars to the mine and taking away loaded cars. From 1946 to 1951, the amount of coal shipped from the mine diminished to the point where this branch became useless. It remained unused for more than two years, after which the Carrier received permission to discontinue operating the branch and made a contract with the Thomas Construction Company of Birmingham, Alabama, for the removal of its tracks and other facilities on this branch line.

Since the Carrier retained ownership of all salvaged material and permitted some of its equipment to be used by the contracting firm, the Organization has pressed this claim. The question is whether the kind of work performed by the contractor belongs exclusively to the Maintenance of Way employes under the Scope Rule of the Agreement. This rule is rather broad and does not contain a description of the kind of work to be covered. It does provide that these employes "shall perform all work in the maintenance of way and structures department."

This type of question has been before this Board on many occasions and the applicable principles have been stated in numerous awards. Where, as here, the scope rule is ambiguous as to the kind of work covered, it is generally interpreted to reserve all work usually and traditionally performed by the class of employes who are parties to the Agreement. Thus it remains to be decided in each case whether the particular type of work involved has been "usually and traditionally performed" by the Claimants.

The record shows that, on this Carrier's property, the removal of abandoned tracks has not been exclusively reserved to the Maintenance of Way employes. On certain occasions the work has been assigned to them. But more frequently it has been contracted out. This has been the practice since June 1932. From that date until June 29, 1954, the removal of abandoned facilities were assigned to the Carrier's employes some 26 times. During this period of twenty-two years, the same kind of projects were performed exclusively by outside contractors on 32 occasions, and were partially performed by contracting firms on two other occasions. In short, a substantial majority of this type of work has been contracted out before this claim was fil de

(See Carrier's Exhibit "A") In view of this record, any prior decisions of this Board, we find no sound basis upon which to susain this claim. Awards 6910, 7600 and cases cited. We must conclude that the removal of abandoned branch lines has not been reserved exclusively to Claimant employes.

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

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

That the Agreement was not violated.

AWARD