PARTIES TO DISPITrE:

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

 (1) The Carrier violated the Agreement when it assigned Mechanical Department employee to paint the interior of the General Shop Foreman's office building at Iakeland, Florida on January 12, >,3 and 11+, 1979 (System File c-4(36)-Tampa Div.-2/12-2(79-x+6) J3).

 (2) Because of the aforesaid violation, Carpenters L. Deal and D. L. Sullivan and Carpenter Helper B. J. Moore each be allowed pay at their respective time and one-half rates for an equal proportionate share of the total number of man-hours expended by Mechanical Department employee."

 OPINION OF BOARD: Carrier had Mechanical Department employee paint the interior
 of the General Shop Foreman's office at Lakeland Yard in
 Lakeland, Florida. Claims were presented by the Brotherhood on behalf of the
 B&B Subdepartment employee holding an assignment on a Division of Carrier which
 included the Lakeland Yard. It is not denied that these employee were able to
 do the painting.

 The initial correspondence stated the facts and recited Rules 1, 2, 3, 4, and 5 from the Agreement between the Brotherhood and the Carrier. The type of work claimed to have been historically and traditionally done by B&B employee.

 The Carrier responded to the claim letter with a letter of declination which stated that the work of employee represented by the two crafts (carmen and maintenance of way) is often overlapping and that the practice has resulted in no clear lines of demarcation. Four examples of similar work being done at different times are alleged. The Carrier in this correspondence, alleges that on two occasions Mechanical Department employee had painted the interior of this same building. Statements from two Mechanical Department employee who had painted the building, one in 1973, the other in 1968, were appendaged to the correspondence.




        These Rules cover the hours of service, wages and working conditions for all employees of the Maintenance

                Award Number 2LC29 Page 2

              Docket Number MW-23932


    of Way and Strucures Department as listed by Subdepartments in Rule 5-Seniority Groups and Ranks other employees who may subsequently be employed in said Department, represented by Brotherhood of Maintenance of Way Employes.


    This Agreement shall not apply to: Supervisory forces above the rank of foremen, clerical employees and Signal and Communication Department employees."


Rule 2 reads in pertinent part:

                  "RULE 2

                CONTRACTING


    This Agreement requires that all maintenance work in Maintenance of Way and Structures Department is to be performed by employees subject to this Agreement except it is recognized that, in specific instances, certain work that is to be performed requires special skills not possessed by the employees and the use of special equipment not owned by or available to the Carrier. In such instances, the Assistant Vice-President Engineering and Maintenance of Way, and the General Chairman will confer and reach an understanding setting forth the conditions under which the work will be performed."


                  LvL:.


              SL3Dy : L:?= _; =~


    The =loyees cove. red by this ;T-:e.aent s!-_a11 be

    L=ou^ed in subderartiMencs as follows:


        (a) Track Subdepartment

      (b) Bridge and Building Subdepartment

      (c) Water Service, Fuel and Air Conditioning

      Subdepartment

      (d) Welding Subdeuartmeat

      (e) Maintenance of Way - General" -'


            "RULE 4

            SENIORITY DISTRICTS


    Seniority districts as referred to in Rule 5 shall be as follows:


      District Seniority


        1. Rocky Mount and Raleigh Divisions

        2. Florence and Savannah Divisions

            Award Number 2sC2' Page 3

            Docket Number MW-23932


    3. Atlanta and Waycross Divisions

    4. Jacksonville and Tampa Divisions (Miami

    Division if and when established)


System Seniority

    1. System'


          "RUIE 5

          SENIORITY GROUPS AND RANKS


Section 1

 The seniority rights of employees shall be confined to seniority districts as set forth in Rule 4 and t0 subdepartments and groups as shown below. The rank sequence of employees within the various groups shall be as shown below, the lowest number designating the highest rank and the highest number the lowest rank in the group.

    E*


Bridge and Building Subdepartment Seniority Districts

    Group A

      Rank 1 - Carpenter Foremen )

      Rank 2 - Carpenter )

      Rank 3 - Carpenter Helpers ) District


      Rank 4 - Laborers (when gang exceeds)

      10 men)


3HE-X-)F3E

 The groups listed in Section 1 of this Rule 5 shall inslude the following, as well as any other positions or classes that should properly be included or that may be added in the future.

 -x-x -HNE

 Bridge and Building Subdepartment

 ,:-ovr ~: _-_i_e Gangs.
          Award Number 24028 Page 4

                    Docket Number MW-23932


              Group D: Metal Bridge Gangs and Metal Bridge Paint

              Gangs (including their Welders and Welder

              Helpers)

              Group E: Concrete Gangs

              Group F: Scale Gangs

              Group G: Building Department Electrical Workers

              (except those in the Water Service, Fuel &

              Air Conditioning Subdepartment)

              Group H: Plumbing Workers."


Rule 1 is the Scope rule. It is a generalized rule which does not outline any rights to specific work. Such general scope rules do not give any craft an elusive right to specific work. If such a right is to be established it must be proved that the work has been exclusively performed by the claiming craft on a systemwide basis. See Award 10585, 8831, 12972, 20232 and many others. In this instant case the Carrier not only alleged examples of intermingled work on the system, but also furnished evidence that the painting has been performed by different crafts on the very building in question. The Claimant has not established his claim under Rule 1.

 Rule 2 is entitled contracting. Claimant cited an award that held that contracting out painting work at the Kissimee, Florida was violative of Rule 2 of the Agreement. Claimant states that this award is conclusive on this case.

 Rule 2 determines work priority between the Maintenance of Way and Structures employe s and employes of outside contractors, that is employes of other than Carrier. A contracting rule is not held to determine priority of work between employes of the Carrier. If a jurisdictional dispute is to be settled, the solution must be found in some other rule.

 Rules 3, 4, and 5 concern seniority rights with subdepartments established under the Agreement. Nowh work to be dote by the employee classified under the rules. As such these rules are not pertinent to this claim.

 Claimant has not established that painting yard building interiors has been the exclusive work of the B&B Subdepartment. Nothing has been said that would negate the evidence of the Carrier that this building has been painted in the past by Mechanical Department forces. Therefore, Claimant has not met the burden of proof necessary to establish its right to tfre work in question.

        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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
                      Award Number 2402° Page 5

                      Docket Number hb1-23932


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: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
      )~ Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 15th day of November =2.