PARTIES TO DISPUTE:



(1) The Agreement was violated when outside forces were used to dismantle and replace the Carrier's lodging facility at Wishram, Washington (System File P-P-2130/MW-8+(c) 1/24/75).
(2) The Agreement was further violated when the Carrier did not give the General Chairman prior written notification of its plan to assign said work to outside forces.





          (b) Each of the aforesaid claimants shall further be allowed pay at their respective straight-time rates for an equal proportionate share of the man-hours expended by said outside forces in performing such work accruing to their respective classes on and subsequent to December 6, 1974.


OPINION OF BOARD: Claim is that Carrier violated the Agreement when
 outside forces were used to dismantle and reconstruct
 a fire ravaged building, a lodging facility, at Wishram, Washington, and
 that the Agreement was further violated when the General Chairman was not
 given prior written notice of the intent of the Carrier to assign said
 work to outside forces. The Organization seeks a remedy which would allow
 payment for employes so affected by said violation.
                    Award Number 21655 Page 2

                    Docket Number MW-21616


The Organization contends that the work performed was within the scope of the Agreement as required by the Note to Rule 55 and thus should have been assigned to the affected employes. The Organization further asserts that the work which was done and the circumstances thereof did not fall within the exceptions contained in Note to Rule 55, nor did the Carrier provide notice to the General Chairman as required by said Note.

 Carrier leased the land to Railway-Inns, Inc.. The provisions of the lease required Railway-Inns to remove the remains of the fire ravaged building, construct and operate a lodging facility thereon which would be owned by said Railway-Inns.

 The claim of the Organization appears to be based upon the fact that Carrier had full responsibility for the development of the property. If the Carrier had not leased the property and invested in the lease, ownership of the facility that was erected by said lessee, then the work would have fallen within the scope of the Agreement; but, in fact, the land was leased to Railway-Inns by Agreement entered into on the 15th day of June, 1974.

 The Note to Rule 55A upon which the claim is based speaks of work performed on property located on and used in the operation of the Carrier or controlled by the Carrier. The ownership of the building passed from the Carrier; therefore, the work thereon was not within the scope of the Agreement. Award 19803 (Blackwe therefore deny the Claim on the basis of prior Awards which hold that, where ownership of a building passes from the Carrier, the work thereon was no "" longer comprehended by the Agreement."

 The claim shall be denied on the basis of prior awards and that a change in ownership ends the employes' rights to protected work.

        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.

                  Award Number 21655 Page 3

                  Docket Number MW-21616

                  A W A R D


      The claim is denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: j/ r P"eel~e

          xecutive Secretary


Dated at Chicago, Illinois, this 18th day of August 1977.
              NATIONAL RAILROAD ADJUSTMENT BOARD

              THIRD DIVISION


                                Award No . Docket No.

                                21743 CL-21655

                                21744 CL-21719


(Brotherhood of Railway, Airline and Steamship
 ( Clerks, Freight Handlers, Express and Station
 ( Employes
 PARTIES TO DISPUTE :
 (Norfolk and Western Railway Company

                STATEMENT OF CLAIM : As shown in the respective dockets and not repeated herein.


                FINDINGS : The Third Division of the Adjustment Board finds:.


That the disputes were certified to the Third Division of the Adjustment Board ex parte by the complainant party; and

 Under date of September 27, 1977, the parties jointly addressed a formal communication to the Executive Secretary of the Third Division requesting formal withdrawal of these cases from further consideration by the Division, which request is hereby granted.

                    A W A R D


        Cases dismissed.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST:
          Executive Secretary


Dated at Chicago, Illinois, this 14th day of October, 1977.