In view of the foregoing, the Carrier asks that the case be dismissed in its entirety.

All material data included herein have been discussed with the Organization either in conference or in correspondence.

OPINION OF BOARD: The Carrier maintains facilities to refuel its diesel locomotives at East Joliet, Illinois.

The refueling is done by flexible fueling hoses.

On April 29, 1955; June 22, 1955; July 29, 1955; and August 1, 1955 the work of removing and replacing defective fueling hoses at East Joliet was performed by Shop-Craft employes who hold no seniority rights under the provisions of the Agreement involved in this case.

Claimants allege that the Carrier violated its Agreement when it assigned other than Maintenance of Way Water Service employes to perform this work.

Rule 4 of the Agreement provides that seniority rights of all employes are confined to the sub-department and group in which employed.

In addition to the scope rule the Agreement contains Rule 56 (I) the pertinent parts of which read as follows:

"(e) An employe who is capable in the performance of and assigned to the installation and maintenance of steam, water, oil and air pipe lines, lavatories, drinking fountains, wiping and caulking lead joints, connections to water mains and curb stops, installing and maintaining water cranes, repairs to steam engines and steam and electric driven pumps, installing and maintaining sheet metal work on buildings and other water supply, plumbing and sheet metal work coming under the supervision of the Engineer Bridges and Buildings shall constitute a water supply mechanic.

(i) Helpers shall be employes who are assigned to assist the respective mechanics outlined in the foregoing paragraphs of this rule, and shall be required to provide only such mechanic's tools as may be necessary for them to learn the trade.

(j) All work described under Rule 56 (I) shall be performed by employes of the B&B sub-department, except as provided in Memorandum of Understanding dated November 8, 1939, and agreement with shop crafts effective April 3, 1922."

The Organization contends that the work of installing and maintaining fueling facilities which includes the replacing of defective fueling hoses attached to the oil pipes as part of the fueling system belongs to the Carrier's Water Service Employes.

Further that the Carrier maintains diesel oil facilities at other locations on the system and at each of these locations the work of removing and replacing defective fueling hoses is performed exclusively by Water Service employes.

The Carrier contends that the term "pipe" in Rule 56 (I) cannot be con-

strued to include "flexible hoses" in the scope of its reference. It makes further claim that ever since the installation of the equipment for fueling diesel engines at East Jobet, the equipment has been maintained by Shop Craft employes, i.e., the fuel oil filling hoses were repaired or renewed by Pipefitters from the locomotive shop.

The Carrier also takes the position that the second paragraph of Rule 62 is still in effect and that the claims are barred by virtue of this rule. The second paragraph of Rule 62 reads as follows:

On the other hand the Organization contends that the second paragraph of Rule 62 has been superseded by Article V of the August 21st Agreement of 1954 which contains no such provision.

The basic issue in this case in our opinion is whether or not the Water Service employes have the exclusive right under the Agreement to the work subject of this dispute.

Webster's defines "hose" and "pipe" as follows:

"Hose: A flexible pipe or tube, used to convey fluids, especially water from a hydrant. Such a pipe equipped with a nozzle and attachment--a sheath or sheathing part resembling such a pipe.

Pipe: A long tube of clay, concrete, metal, wood, etc. for conveying water, oil, gas or other fluids."

It appears to us from the record that the "flexible hoses" here involved are an integral part of the fueling facilities.

The Rule in our opinion is clear and unambiguous.

It is our conclusion that "flexible hoses" are included as part of the oil pipe line and that under Rule 56(I) the work subject of this dispute belongs to the Water Service employes.

The Board has considered the Carrier's contention in regard to Rule 62.

After consideration and a study of the record it is our opinion that Rule 62 is superseded by Article V of the August 21, 1954 Agreement, and therefore has no effect in this proceeding.

In view of the above the claim is sustained.

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

AWARD