(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE`:


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

 (1) The Agreement was violated when furloughed Trackman P. C. Smyczynski was not called to perform service as a trackman on August 15, 1980 and the Carrier instead used Track Supervisor J. S. Thoman for such service.

 (2) Furloughed Trackman P. C. Smyczyaski be allowed eight (8) hours of pay at his straight-time rate because of the violation referred to in Part (1) hereof."

 OPINION OF BOARD: By letter to Carrier dated September 28, 1980 Claimant,
 Peter C. Smyczynski, alleged that Carrier was in contravention of General Contract Rule 26 when it p to perform work on August 15, 1980 reserved for Tracinen covered under the same General Contract.











        "Leading Mechanics, Mechanics (carpenters, iron workers, repairmen, masons, scalemen, dock builders, Helpers. Bridge Inspectors, Drawbridge Tenders, Drawbridge Deckmen, Floating Equipment Operators, Fl Pumpmen, Cooks, Assistant Cooks, Watchmen and laborers employed in the Bridge and Building Sub-department of the Maintenance of Way and Structures Department;

                Award Number 24435 Page 2

                Docket Number MW-24541

                TRACK


        "Track, Gardener, Patrol, and Repairmen Foremen and their Assistant Foremen, Rock Inspectors, Material Inspectors, Rochen, Repairmen. Curve Liners, Assistant Repairmen, Crane Operators, Truck Driver. Insulated Joint Repairmen, Crossing and other Watchmen, Repairmen Helpers, Cooks Assistant Cooks, Trackmen and Laborers employe Sub-department of the Maintenance of Way and Structures Department; ,


                    TREATING PLANT


        "Foremen, Assistant Foremen, Carpenters, Carpenter Helpers, Watchmen and Laborers employed in the Treating Plant Subdepartrent of the Maintenance of Way and Str at Paterson, New Jersey."


Specifically, Claimant alleges that track supervisor Thoman loaded angle bars into the loader bucket of tractor W208 on August 15,, 1980 in contravention of Agreement Rules herein.cited.

 An analysis of the record before the Board shows that the Organization _s correct in stating that the position of track supervisor is not cited under the Agreement Rules in question. On the other hand Ca.-Tier contention is that the track suxrvisor did the work for only a short period of time (i.e. 20-30 minutes) end that this was consistent with past practice. The record fails to support either contention of the Carrier and witness affidavits presented by the Claimant affirm the contrary. Track supervisor Thomas/was not contractually authorized to perform the work herein in dispute. This Board has ruled on nuneroas occasions that work which belongs to those covered by a collective bargaining Agreement cannot be given away to others who are not covered by said Agreement except in extraordinary circumstances (Third Division Award 19263 inter alia). :do evidence of a substantial nature has been presented to this Board to suggest that such circumstances herein hold.

        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 24435 page 3

                  Docket Number MW-24541


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

        That the Agreement was violated.


                    A W A R D.


        Claim sustained.


                            NATIONAL RAILROAD ADTUS2LNT BOARD

                            By Order of Third Division


ATM'ST: Acting Executive Secretary
 National Railroad Adjustment Board

 BY -e_-, .~Lcy-_.,~ '/~
 ~--7 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 15th day of June 1983.