If there is any doubt about the position of the Boilermakers' Organization with respect to performing the work of enclosing roundhouse pits with sheet steel plating under Rule 63 of the Shop Crafts Agreement effective February 1, 1945, that doubt is resolved by the position taken by the Boilermakers' Committee on September 7, 1955.

The record in this docket shows no single roundhouse pit has been enclosed with sheet steel plating by B&B Department employes.

The record in this docket also shows that B&B Department employes have not acquired a right by agreement or by tradition to perform the work of placing sheet steel plates over pits in roundhouses.

The claim covered by this docket should be denied.

All data in support of the Carrier's position in connection with this claim has been presented to the duly authorized representative of the Employes and is made a part of the particular question in dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: The Employes state that during the early part of 1955, the Carrier assigned Mechanical Department Employes (Boilermakers and Boilermaker Helpers) to remove the plank covering over Engine Pit No. 1, in the Mississippi Street Roundhouse and to install sheet iron covering as a replacement thereof. The Carrier has violated Rule I, Scope Rule; Rule II, the Seniority Rule; Rule IV, Seniority Limits Rule. Employes of the Maintenance of Way Department have performed work similar to the work here involved in the Carrier's shops, buildings, etc., located on the

right-of-way and used in the same operation of the railway company in the performance of common Carrier service. Claimant James Palma, working as Water Service Mechanic, and available on the dates Boilermakers and Boilermakers Helpers were assigned to perform this Maintenance of Way work, is also classified, as well as qualified, as a Bridge and Building Department Welder and therefore, he should have been used to perform any B&B Department welding work necessary in installing sheet iron covering over this pit. Claimants W. J. Hayde, working as a First Class Carpenter and D. E. Zackrison, working as a Second Class Carpenter, were available and qualified to have performed the necessary carpenter work involved. Rule 63, which outlines the work of Boilermakers, does not contemplate work on buildings, structures or other Carrier facilities.

The Carrier states that on February 2, 1955, a Boilermaker and a Welder employed in the Mississippi Roundhouse removed the planking over Pit No. 1 and then cut, fitted and welded sheet steel plates between the rails over this pit for a distance of 28 feet. The time consumed by the Boilermaker and Welder performing the work amounted to approximately 6 hours and 30 minutes. The work was performed under the jurisdiction of the Mechanical Department.

The issue involved in this docket is whether B&B Department Employes have acquired a right either by Agreement or by tradition and practice to perform the work of cutting, fitting and welding sheet steel plates between rails in a limited area over Roundhouse Pits, and the removing of the plank, which work comes under the jurisdiction of the Mechanical Department.

The Employes have the burden of proof to show that the B&B Department usually and traditionally performed the work in question. This, the Employes have failed to do. On the other hand, the Carrier has shown that in two instances, the same type of work has been performed by Boilermakers and Boilermaker Helpers. The Carrier's superintendent C. W. Coil in a letter addressed March 14, 1955 from Minneapolis, Minnesota, to J. T. Keyes, General Chairman, stated:

"* * * Removing the planking covering Engine Pit Stall No. 1 in the Mississippi Roundhouse undoubtedly is B&B Department work, but the installation of steel plates and the welding of them into place is Boilermakers' work; therefore, their claim for this work is deelined."

Due to the admission of the Carrier's Superintendent that the removing of the plank was the Claimants' work, this claim will be sustained as to the removing of the plank. The claim for the laying of the diamond floor plating and rib steel and the welding of same will be denied. Due to the fact that the Employes state that this work was performed on January 28, 1955 and the Carrier states its work was performed on February 2, 1955 and also due to the fact that the Employes' claim is for 24 hours and the Carrier states that all of the work was completed within a total of 13 hours, the monetary claim is referred back to the parties and they shall ascertain how much time it took to remove the planking and then the number of hours taken for this operation will be divided proportionately between the three 13) Claimants.

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:

AWARD