PARTIES TO DISPUTE: (Brotherhood of Maintenance of Way Employes

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

 (1) The Agreement was violated when the Carrier assigned or otherwise permitted Mechanical Department forces to paint the air press in the Blacksmith Shop on October 20, 1975 (System File 393-MofW)

 (2) As a consequence of the aforesaid violation, B&B Painter J. Sampari shall be allowed six (6) hours' pay at his straight-time rate.

 OPINION OF BOARD: While the May 18, 1956 Memorandum of Understanding de
 lineating work jurisdiction between the B&B and Shop Forces
 admittedly was to serve as a guide for task assignments, the specifications
 and functional allocations contained therein were apparently never designed
 to preclude future conflict regarding their application to the Diesel Shop.
 By simple definition both B&B and Shop unit members were employed therein.

 The crux of the matter, accordingly, centers on whether or not the Blacksmith shop was an unmistakably distinct entity albeit located in the same building as the Diesel shop. After searching review of the record the Board finds that the evidence presented does not provide compelling substantiation that there we shops in the building. Claimant was under a more stringent requirement to adduce more confirmatory proofs. Having thus disposed of this question, the Board must now examine the claim that the B&B forces always painted this air press.

 Since the aforesaid memorandum which is germane to this determination is silent on this specific spelled out therein not conclusively explicit to support an unequivocal finding of exclusivity, the Board must consider the qualitative merits of the supporting arguments. The Third Division has insistently required persons claiming work exclusivity, particularly as here where there is a grey area to demonstrate by reference to history, custom and tradition that the contested work singularly belo Award Number 21928
 Docket ,lumber b1W-21857

 Page 2

 awards are legion on this point. This test was not satisfactorly met in this case.

 Correlatively recognizing that carrier is also faced with the reciprocal responsibility of denying cla.izznad assertions of exclusivity, the Board finds that Carrier's argument that the Blacksmith's Shop was an integral part of the Diesel shop and hence subject to the terms and conditions of the 1956 memorandum (Supra) was sufficient denial to meet this obligation.

          FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


That the parties waived oral hearings;

 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, 193%+;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

 The Agreement was not violated.

 A G1 A R D

 Claim denied.

ATTEST: oqqvltst~o

        , al

        Executive Secretary


II'RR 13 5973

 J. BF_

    NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division.


                                  Dated at Chicago, Illineis, this 28th day of February 1978.