(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

(1) The Agreement was violated when other than B&B forces were used to weld rails and braces to stands which had theretofore been installed on and anchored to the floor of the Cumberland Diesel Shop by B&B forces (System File CUM-655/2-MG-1705).

 (2) As a consequence of the aforesaid violation, Carpenters R G. Kerns (IW1117196) and W. W. Hott (ID# 1105356) shall each be allowed 56 hours of pay at their respective straight-time rates."

 OPINION OF BOARD: The dispute arises here over the method by which
 the Carrier had a rack for traction motors
 constructed and installed at the Cumberland (Md) Diesel Shop. Such
 work consisted of fabrication of some 34 stands 50 feet in length
 atop which rail was welded. Thereafter, the complete units were
 secured in position by drilling and bolting the stands to the floor.
 Work relative to fabrication of the stands (made from beams and angle
 iron) and thereafter welding the rail to the structures was performed
 by Shop Craft forces (Boilermakers). Work relative to drilling and
 securing the stand to the floor was performed by employes represented
 by the Organization (BMWE). The Claimants herein contend the work of
 fabricating the stands and their positioning constitutes an alteration
 to the structure and, as such work protected by the Agreement,
 specifically Rule 1(c):





Since the Carrier has demonstrated no exception to this Bile, per the Organization, it is controlling. Rebuttal was made by the Shop Craft organization involved (Boilermakers) asserting jurisdiction under its Rule 71:

        "Classification of Work


        Rule 71. Boilermakers' work shall consist of laying out, cutting apart, building or repairing--laying out and fitting any sheet iron or sheet steel work made of 16 gauge or heavier--I-beam, Channel iron, angle iron and T-iron work;--oxyacetylene, thermit and electric welding--and all other work generally recognized as Boilermakers' work."


The Carrier contends the work was properly divided and assigned as between the two organizations.

 We are satisfied the work was properly accomplished principally based upon the sequence of its executiion. Essentially, the stands were fabricated first and then affixed to the building. It is noted that while the stands were apparently fabricated within the shop craft work area, the placement of the rail upon the stands took place at the point where such stands were to be permanently installed; while this may have contributed to the assertions of jurisdiction by the Organization, it does not alter the conclusion herein. The record indicates that the stands were fabricated first and thereafter emplaced. Bad the stands been "built-up" from the floor, a more persuasive argument might be made concerning the structural modification. Under the circumstances, we find no basis to sustain the Organization's claim herein.

        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;
                    Award Number 22627 Page 3

                  Docket Number MW-22366


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 9th day of November 1979.