August 10, 1964, H. C. Crotty, President of the Brotherhood of Maintenance of Way Employes, notified Third Division, National Railroad Adjustment Board, Executive Secretary S. H. Schulty of its intention to appeal the claim to your Board, thus bringing the claim before your Board.

The Agreement here involved is the Agreement between the parties effective February 1, 1941, including changes and interpretations to date of reissue, March 1, 1952, rates of pay effective February 1, 1951, and subsequent Memorandum Agreements in effect on the date of this claim on the property.

OPINION OF BOARD: Petitioners claim the work in question under Rule 1 of their agreement of February 1, 1941-a Scope Rule of the broad and general type. Confronted with such a rule, we must find that the work in controversy bas been historically, traditionally and exclusively reserved to the complaining craft; else Claimants cannot prevail. The record here is. barren of such proof. Contrariwise, Carrier offers proof (R. 33) that on many prior occasions similar work was contracted to independent contractors.

Our conclusion is fully supported by prior awards concerned with the same parties and agreement as here. See Awards 11231, 11831 and 14525.

Since the claim must be denied on its merits for such obvious reasons, we see no reason to engage in a purely academic discussion of the procedural questions raised.

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

That the parties waived oral hearing;

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 Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD' By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary