(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The Carrier violated the Agreement when it assigned outside forces to replace doors at the Steel Car Shop and Sack Shop on November 16, 19, 20, 21, 27, 28, 30, December 4, 5, sad 6, 1979 and January 3 and. 4, 1980 (System File D-1-80/MW-18-80).

 (2) Because of the aforesaid violation, B&B Mechanics R. B. Naysmith and P. Gates each be allowed pay at their respective rates for an equal proportionate share of the t
OPINION OF BOARD: The Carrier contracted out the replacement of doors at its
 Steel Car Shop and Hackshop. The Carrier, before it contracted out the work, had notified the Or After the work had been performed the Organization submitted claims for one hundred and ninety two man hours.

 The claim of the Organization is that the Scope Rule of the Agreement gives employes the right t to the Carrier stated that this type of work had been performed by B&B forces not only on this type of building but all others as cell. The Organization claims that the statement made in the letter has not been denied and, therefore, must be taken as ev
The Scope Rule, the Classes Rule, the Classification Rule and the Seniority Rule have been interpreted several times on this property. The awards have held that the Rules describe no work accruing to the Maintenance of Way forces and must be considered generalized. Third Division Awards 1111131 14877 and 15?21. If the employes have a right to the cork in question the Board must find that such work has historically and,^'raditionally belonged to the complainin
The organization contends that the giving of notice of as intent to contract out the work substantiates the claim that tre'work is covered under the Scope of the Agreement. Recent awards have rejected this argument and this Board agrees with, those awards. See -,`hir3 :.,_..-=siGa .i:.aris 21L70~ 21237 and 20920.

 ?e ti t inner rus t carry :he _a=: tial burden of T- .=f by _c =_sa~at ~g
 i..2aCe t..a t th a replacement of 1GOr 5 has historically And traditJonallY
 .._.... done. by `,..ale _ mria:res it r°_?r°_Sn?7~5. The 3`Tif'ae^C.°. _ _n9 n+31 13 cor_ta`n°'1
 4.^_ 3 letter from ayLOC31 C:3.'__"=3a :O the General '~."hal'""..3^ which S`3LJS _n


        "A11 door replacements in the past have been installed by BBB forces. We have replaced doors at the Diesel House, Steel Car Shop and Backshop at various times."


The letter was included in an appeal from the decision of Carrier's superintendent who had denied the claim. The letter was referenced with the statement of the General Chairman that:

        "Attached hereto please find copy of letter from B&B Foreman L. L. Richie who is also Local Chairman for the B&B Department employes ...Mr. Richie has been foreman of the BU gang since December 14, 1946."


The Carrier denied the appeal of the claim on May 23, 1930 and in so doing the Director of Personnel stated:

        "The installation of new steel doors is not and never has been exclusively the work of the B&B mechanics. Outside contractors have installed such d this property."


No further proof was offered by either party. The evidence presented to the Board consists of a upon this evidence the Board cannot substitute its judgement for the judgment of the Carrier. The initial burden of proof has not been substantiated, therefore the claim must be denied.

        F rdDINCS: 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 Crier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193%+;

 That this Division of the Adjustment Board has ',urisdict-ion over the dispute involved her=ice; sad

        That the Agreement was not violated.

                Award Number 2+033 Page 3

                Docket Number MY1-2kf008

                A 4T A R D


        Claire denied.


                        NATIONAL RAILROAD ADJUST:dENT BOARD

                        By Order of Third Division


A'y'a'%3T: Acting Executive Secretary
 :dational Railroad Adjustment Board

 57
    ~rs~%~Iw~. C

    ~e~arie 3rasch - Administrzzive Assistant


Dated at Micago, Illinois this 15th day of November 1982.