(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, on February 8 and 19, 1970, it used B&B forces to remove snow at the "B" rip track (System File 393-MW).

 (2) Foreman :N, Caputo and Laborers J. Villesenor, Z. Guerrero, R. Rodriguez and C. C. Calderon each be allowed seven (7) hours' pay at their respective time and one-half rates because of the aforesaid violation.

 OPINION OF BOARD: Claimants are the Foreman and 4 members of the Section Gang
 assigned to Section A. On Sunday, February 8, 1970, and on Thursday, February 19, 1970, Carrier called and used B & B Forces to remove snow from the tracks and from between tracks at "B" Rip Track which is within the section t3rrit"ry assigned to the Claimants. In support of =his claim, the Organization alleges that Claimants have traditionally performed all snow removal work on their sect they were available in this instance had they been called to perform the work. Carrier alleges that there is no craft or class of employee on this property having an exclusive right either by rule or practice to snow removal. Carrier further alleges that the work of cleaning snow and ice has not by practice or rule, been performed exclusively by track forces and that B & B employees have been used repeatedly to clean snow at this location.

 The record reveals that the Organization has failed to produce sufficient evidence that other th in the past. Because of this lack of evidence, this claim will be dismissed.




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 claim be dismissed.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: O

Executive Secretary

 Dated at Chicago, Illinois, this 25th day of May, 1973.