(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE; (Burlington Northern Inc.

(1) The use of other than Track Subdepartment employes to clean cars at Northtown Yard is in violation of the current agreement (5-1-71) and of historical and traditional practice under the Agreement which pre-existed at that location prior to May 1, 1971 (System File T-M-186C/MW-84(c)-6 12/6/76) .

 (2) Track Subdepartment employes C. F. Paterson, Ivan Meech, Frank Janiak and K. 0. Lohmann each be allowed eight (8) hours' pay at their respective straight-time rates for each day on which other than Track Subdepartment employes are used to clean cars at Northtown. This monetary claim is for the period beginning 60 days prior to October 6, 1976 and continuing to the date on which Track Subdepartment forces are reassigned and used to perform the subject work."

 OPINION OF BOARD; This claim is based on the alleged improper use
 of other than track sub-department employes to
 clean cars at Carrier's Northtown Yard in violation of Rules 1(c) .and
 69(c) of the current agreement.
The Carrier first raised the procedural issue of the 60 day time limit rule set out in Rule 42(a). The instant claim falls, however, within the definition of a continuing claim to which Rule 42 (d) applies and is therefore properly before this Board.

 The questions presented to this Board in the instant matter are the same as that determined by the Board in our Award 21844 between the same parties and involving the same rules. In Award 21844 we held that the work in question was not specifically reserved to the track sub-department by the Schedule Agreement. We further held that the Organization had failed to establish an exclusive system wide right to the work by those claiming it.


We will follow the interpretation of the Agreement set out in Award 21844 and hold that the Schedule Agreement does not reserve the work to the track sub-department employes. We further hold that the Organization has failed to establish that track sub-department employes on the former Northern Pacific had the exclusive, system wide right to perform the car cleaning work.

        We will deny 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 not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 31st day of July 1979.