Irwin M. Lieberman, Referee


          (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

                        (Norfolk and Western Railway Company (A&P Regions)


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


          (1-a) The Carrier violated the Agreement when it used outside forces to perform the work of constructing a control tower, a computer building and a building for train crews containing an office, a washroom and a locker room at Roanoke Terminal (System file MW-RO-71-4).


          (1-b) The Carrier violated Article IV of the May 17, 1968 National Agreement when it assigned the aforedescribed work to outside forces without advance written notice to General Chairman J. H. Bowen.


          (2) The members* of Carpenter Forces Nos'. 1 and 2 and of Painter Ford No. 1 each be allowed pay at their respective straight time rates for an equal pr, portionate share of the total number of man hours expended by outside forces subsequent to January 1 (1-a) of this claim.

        ' *CARPENTER FORCES I AND 2

        Foremen Asst. Foreman Tinner


                M. A. McClure R. E. Kincer S. 0. McAllister

                J. R. Naff

                1st Rate 2nd Rate


                  L. R. Etter C. W. Carter - cut back from let Rate

                  V. G. Noell P. E. Dixon

                  H. C. rarris J. A. Edwards

                  Bee Noell G. E. Vance

                r S. Stanley C. T. Horsley

                J. A. Staples C. D. Franklin

                C. G. Irvin R. R. Crozier

                B. G. Burk

                3rd Rate


                F. H. Glover - cut back from 2nd Rate

                J. R. Dehart - cut back from 2nd Rate

                C. A. Wade

                W. H. Willis


                J. H. Huff

                D. L. Etter

                D. Young


k'w)
                Award Number 19578 Page 2

                Docket Number MW-19776


        Helpers


        E. E. Donald - cut back from 3rd Rate

        J. R. Tyree - cut back - now working as sec. lab.

        T. T. Coles - cut back - now working as sec. lab.

        E. P. Elliott - Furloughed

        J. C. Henley - Furloughed


                    '`PAINT FORCE 1


        Foreman


        W. B. Humphreys


        Painters Painter Helpers

        L. J. Barnett E. G. Keeling

        G. D. Dudley E. J. Tyler - cut back from Painter

        S. J. East R. L. Taylor - cut back - now working

        Leonard Scott as sec. lab.

        Troy White P. J. Bolden, Jr. - cut back.- now workinp

        as sec. lab.


OPINION OF BOARD: This case relates to the contracting out of the construction
 of four projects (including complete new buildings) at Car
 rier's Roanoke terminal, beginning January 12, 1971. The Organization alleges,
 and the Carrier does not deny, that the Carrier failed to give the Organization
 the notice required by Article IV of the may 17, 1968 National Agreement prior to
 contractir_ out the work in question.

 The Carrier argued that: (1) the Claimants did not possess all the skills required to complete the project and Carrier should not be forced to "piecemeal" the work; (2) that the Claimants had not done this type of work on an exclusive basis in the past; (3) that Carrier's failure to give notice under Article IV of the National Agreement does not validate the claim; and (4) that the Claimants were fully employed and did not show any loss of earnings during the period that the construction took place.

 With respect to the first argument above, the Carrier did not, on the property, identify the skills lacking by Claimants for these projects. Is is clear that Claimants did not attempt to hold themselves forth as anything but carpenters and painters; they made no claim for any other type of work, nor was it requisite to their position. In Award 5841 we said:
        Award Number 19578 Page 3

                Docket Number MW-19776


        "It is a matter of common knowledge that in the building contracting field it is a common practice for the different classes of work to be performed by different crafts or classes. There is nothing in the record here suggesting a valid reason why that common practice should not have been allowed to prevail with regard to the construction work here in


We have rejected the exclusivity argument in a long line of cases, starting with Award No. 18305, and see no reason to depart from this reasoning. It is apparent that Carrier has ignored the provisions of Article IV and hence we shall sustain Part 1 (a and b) of the Claim.

 The Carrier made no comment whatever, and presented no evidence on the property with respect to Claimants having suffered no monetary loss; therefore we cannot consider this argument raised only in the submission and brief of the Carrier (see Award No. 18030). In a related case, Award No. 19028, we said:

        "In regard to the question of damages, Carrier argues that Claimants, being fully employed during the period of this dispute, suffered no loss of earnings and to assess damage would be nothing more than a penalty.

        A close review of the record clearly shows that such a contention, as urged by the Carrier, was not raised on the property and since this Board has held on numerous occasions that issues not raised during the handling on the property cannot be considered by this Board, then Carrier's belated contention on the monetary claim cannot now be given any consideration."


Concurring in the above statement, we must reject Carrier's contention: in regard to "damages".

        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
                Award Number 19578 Page 4

                Docket Number NW-19776


        That the Agreement was violated.


                        A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:/A"~'.4.
 Executive Sceretary

 Dated at Chicago, Illinois, this 30th day of January 1973.