(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when, during January 1968, it assigned mechanical department employes instead of bridge and building subdepartment employes to per Texas. (System file K-310-35).

 (2) B&B employes G. B. Wilkerson, R. L. Robertson, E. E. Taylor, C. H. Jones, J. A. Brown, R. J. St. Romain, C. C. Mudford and L. J. Graves each be allowed pay at their respective straight time rates for an equal proportionate share of the total number of man hours expended by the mechanical department employes in performing
OPINION OF BOARD: During January 1968, two carmen worked forty hours putting
 plywood on walls, floors and ceiling of the foremen's office in the Carshop in Marshall, Texas. One carman worked five hours painting the above office and a Carman and a helper worked twelve hours painting an office in the Knuckle Shop, Marshall, Texas.

 The Organization filed the instant claim contending that this work should have been done by Bridge and Building Employees and they should be compensated at their respe the total number of hours expended by the mechanical department employees in performing this wor
Carrier's highest officer denied that this work is reserved to the Maintenance of Way Employees.
The parties each cite earlier awards, between these parties, in support of their respective contentions.

 The record discloses no evidence, other than mere assertions by Petitioner which were summarily instant claim for lack of proof.

 Notice of pendency of the instant dispute was furnished the Railway Employees Department and ack


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






                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of June 1972.