(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

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

 (1) The Carrier violated the Agreement when it assigned the work of dismantling and removing elevators at the Union Station track level to outside forces (System File Mil-6.73-22/KCT-21).

 (2) Maintainer Foremen J. W. Barber, H. L. Gray, T. L. Frank, G. H. Kruschek and the 18 Union Station Maintainers, identified by name within our letter of claim presentation (6-29-73) each be allowed pay at their respective straight-time rates for an equal proportionate share of the total number of man hours consumed by outside forces in performing the work referred to in Part (1) above.

 OPINION OF BOARD: Carrier, on May 18, 1973, advised the Organization that
 it was going to enter into a Lease and Sale Agreement
 with the Allright Parking Company for lease and sale of certain property.
 The Agreement provided for sale of train sheds and escalators. It further
 provided that Contractor would demolish them, disposing of salvage and debris.
 Other provisions of the Agreement were that Allright would lease and pave a
 certain area. The paving, surface drainage, lighting and the enclosing and
 filling of elevator shafts to the sub-basement all to be done by the parking
 companyy.

 The record shows that a bona fide Lease and Sale Agreement was entered into by Carrier with the Allright Parking Company. In conformance with that Agreement, Allright demolished elevators and roved the scrap. Its performance of that work did not contravene any provision of Carrier's Agreement with the Organization. The Board has rather consistently held that a Carrier's Agreement with its employee did not prevent it from selling property and that once a sal employes to perform certain work are at m end. That result necessarily follows because Carrier has c represented by it perform certain work for Carrier in the operation of the railroad. After property is sold to another corporation, for non-railroad purposes, Carrier's right to control the work, and.the employee' right to perform it is abridged. The parties have discussed other points and contentions in their handling of because the case turns on the point that a lease and sale of the property had


occurred. The work of dismantling the elevators was not performed for Carrier, or in furtherance of Carrier's operations, but was performed by the purchaser-lessee pursuant to the agreement providing that it would lease and convert a certain area into parking apace. This is not a case in which Carrier has had outside forces perform work which is reserved to the employes by the schedule. Accor
        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.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 29th day of April 1976.