(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville & Nashville Railroad Company

(1) The Agreement was violated when, on January 8, 1975, other than Bridge and Building Sub-Department forces were used to install hand rails on the new foreman's office in the west end of Shop #14 at South Louisville /System File 1-9 (52)/E-304-9 E-304/.

 (2) As a consequence of the aforesaid violation, Carpenter G. R. Madden and Carpenter Helper W. L. Fugit shall each be allowed four (4) hours' pay at their respective straight-time rates.

 OPINION OF BOARD: The gravamen of the case represents a jurisdictional
 dispute between the Maintenance of Way Employes and
 the Sheet Metal Workers International Association over the proper assign
 ment of hand rail installation work in buildings.

 Specifically, claimants assert Carrier's assignment of hand rail installation work to Sheet Metal Workers on January 8, 1975 was not only an explicit violation of the unambiguous language of Rule 41(a) of the Maintenance of Way Employes' agreement, but also reflected a work assignment decision that was clearly at variance with Carrier's consistent observance of this rule. Compelling evidence consisting of persuasive Third Division awards, meticulous word-by-word analysis of Rule 41(a) and senior Maintenance of Way Employes' confirmatory statements were methodically presented to underpin claimants' charges.

 Conversely, the Sheet Metal Workers Association joined with Carrier, assertively contend that said work was traditionally assigned to its employes pursuant to Rule 87 of the Association's agreement, prior formal and informal understandings, employe affirmations and past practice. The Sheet Metal Workers submitted an intervenor's ex parts petition on November 4, 1976 setting forth therein relevant particulars, precedent awards, and supportive arguments. Additionally, Carrier further argues that claimants' failure to overcome the allegations raised in this petition, by responding to the statements and assertions delineated therein, vitiates the merits of their claim.


Recognizing the issue's acute sensitivity, the Board has carefully reviewed the entire record with particular emphasis to a painstaking analysis of Rules 41(a) and 87 and their historical applicability. Accordingly, while noting the merits of the parties' respective arguments, the Board concludes that the evidence proffered does not support conclusively that the installation of hand rails in buildings was exclusively the work of either the Maintenance of Way Employes or the Sheet Metal Workers. Either rule, standing alone, might provide sufficient clarity to substantiate the Maintenance of Way Employes' position or the Sheet Metal Workers' claim to said work, but the lack of any clear or persuasive documentation showing a definitive, long-term history of said assignments to either employe organization warrants this conclusion.

        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

        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 14th day of October 1977.