PARTIES To DISPUTE:

.STATEMENT _C_F 7- aIM: Claim of the System Committee of the Brotherhood
 that:

 (1; The Carrier violated the Agreement when it assigned an employe woo holdq no seniority as a p paint rngi·,latcr toxes on May 13 and 20, ?.971 (System File MW-8.71.180).

 (^.) Yr. J. Dickson be allowed sixteen (16) hours of pro-rata pay because of the .aforesaid violation.

 OPINI0IT OF BOARD: The Petitioner alleges an agreement violation resulted when,
 on May 13 and 20, 1971, the Carrier assigned Welders and
 Welder Helpers, Maintenance of Way Group 3 employes, the work of painting
 eighty (80) metal regulator boxes, 16" x 16" x 16". The painting was done
 during the course of maintenance work performed by the Welders on automatic
 propane switch heaters.

 The claim is that the painting of the regulator boxes is work reserved co Painters of the B& of Work, of the Agreement. The Carrier contends that if work was transferred from Group 6 employees, (Painters) to Group 3 employes (Welders), then the transfer is sanctioned by Article III, Section I of the February 7, 1965 National Job Stabilization Agreement and, consequently, any dispute in reference to such transfer of established by the National Agreement rather than to this Board. The Carrier also asserts that the installation and maintenance of automatic propane switch heetero is work properly performed by Maintenance of Way, Group 3, Welders, and that the disputed painting constituted but a minor part of such maintenance.









"and/or transfer employees throughout the system which do not require the crossing of craft lines: The organizations signatory hereto shall enter into such provide for the transfer and use of employees and the allocation or rearrangement of forces made necessary by the contemplated change. One of the purposes of such implementing agreements shall be to provide a force adequate to meet the carrier's requirements."



GROUP 6: Except as may be covered by the Union Statfon
 Maintainers' Agreement, work connected with the
 cleaning and preparation of any surface by washing,
 scraping, chipping or sandblasting, incidental to,
 and the application of stain and varnish, paint,
 calcimine, whitewash, or preservative by brush,
 spray or other methods, shall be classified as
 Painter's work; lettering, stencilling, graining,
 finishing, etc. and the replacing of glass in sash,
 shall be classified as Sign Painter's work.
 GROUP-3: Work connected with the operation of gas or electric
 welding devices, or cutting torches, as required by
 the various departments of the Maintenance of Way
 Department and repairs to Maintenance of Way motor
 cars, machines and equipment, shall be classified as
 Welder's work. Helpers shall perform work generally
 recognized as Helper's work and will assist Welders
 in the performance of their work. Helpers will be
 given opportunity to learn work of the Welders.
 In addition to qualifications of a Welder, a Welder
 Mechanic shall be qualified and responsible for the
 maintenance and repair of assigned roadway machines
 and equipment, motor vehicles, diesel and gasoline
 engines. Welders, holding seniority in Group 3, Class
 2, will be given opportunity to fill vacancies created
 in Class 1. Assistant Welders shall be in training
 for promotion to Class 2 and must be able to speak,
 read and write the English language.


We shall first consider the Carrier's jurisdictional objection. In this Board's prior Award 17982, involving these same parties and the same contentions concerning the February 7, 1965 National Agreement, we held that where an employee, who was not a welder, used a cutting torch (welder's work), the situation did not come within the provisions of the National Agreement. In that Award this Board stated:



Similarly, in this dispute, we have before us an alleged improper assignment of painters' work to a welder. This is not a transfer of work within the meaning of the National Agreement and, thus, this Board has jurisdiction to consider the merits of the dispute.

 We come now to the basic issue of whether the painting of the regulator boxes comes within the scope Rule 2, Group 3, or within the scope of "work connected with the ...preparation of any surface and the application of ...paint...shall be classified as Painter's work", as set forth in Rule 2, Group 6. The term "maintenance" is of course sufficiently broad to cover the disputed painting; however, the text of Rule 2 Group 6, makes it clear that such was not the intent of the parties. This latter text, in specific, unambiguous terms, designates as Painter's work the painting of "any surface". Thus, there can be no doubt that the Rule 2, Group 6, text covers the herein painting of regulator boxes. We further conclude that the painting cannot be brought under Rule 2, Group 3, by labeling the painting as minor maintenance or as incidental to maintaining the regulator boxes. In this regard this Board stated, in Award 17982, that:



                    Docket Number MW-199 ~I


Although painting, likewise, is an incident in many projats, the parties did not write any limitation or exception into Rule 2, Group 6, in respect to incidental painting. This Board therefore has no reason to treat the herein painting as incidental to the Welder's maintenance work, for, to do so, would negate the clear, unambiguous text of Rule 2, Group 6.

        In view of the foregoing we shall sustain the claim.


        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 violated.


                      A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


          2, 4~v

ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 11th day of January 1974.