THIRD DIVISION Locket Number MW-24689


                    Edward L. Suntrup, Referee


                (Brotherhood of Maintenance of Way Employes

PARTIES TO DISPUTE:
                (Detroit, Toledo and Ironton Railroad Company


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Car Department forces instead of Bridge and Building Department forces to paint the interior and exterior of building and install doors at Jackson, Ohio September 15, 1980 through October 11, 1980, both dates inclusive (Carrier's File 8365-1 (116)).
(2) As a consequence of the aforesaid violation, the following claimants (B&B employes) shall be allowed pay as follows:
                            Time and

                            Pro Rata One-Half


                C. Hay 160 hrs. 16 hrs.

                S. Walker 160 " 32 "

                J. L. Elliott 80 "

                R.R.Ray 40 "

                M. E. Petty 40 hrs.


OPINION OF BOARD: This is a pay claim submitted by the Organization to the Carrier
 by letter dated November 12, 1980 for the five (5) Claimants
 named in the Statement of Claim. It was alleged by the Organization that certain
 painting work performed at the Carrier's Jackson, Ohio Shops was performed by
 non-Brotherhood employees in violation of the current Agreement. There is no
 evidence in the record by the moving party with respect to the exact type of
 interior and exterior painting done on the dates in question by the Carmen. The
 Brotherhood filed this claim that the painting included "the interior and exterior
 of buildings and hanging doors", the Carrier's contention is that "the majority
 of (the) work consisted of painting material racks, mobile and fixed equipment
 and safety color coding" in the interior of the buildings at the Jackson Shops,
 with an additional twenty-four (24) hours consumed when the same "Shop forces
 painted the exterior of several buildings".
With respect to the interior painting, the Board cannot find sufficient evidence in the record by the moving party to refute the Carrier's position that such work had not been the exclusive purview of the Brotherhood in the past. A number of letters in the record suggest that given members of the Brotherhood or Carmen had or had not performed certain work in the past. Taken by themselves these letters are not of such probative value to establish exclusivity. Further,
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            Award Number 24717 Page 2

                      Locket Number MW-24689


the Organization places strong reliance on the Scope Rule of the current Agreement. Numerous Awards of the Board, however, have held that Scope Rules in contracts represent general, descriptive divisions of labor rather than specific job functions. (Third Division Awards 14075, 19894 inter alia). With respect to the exterior painting work in question, it appears, by the admission of the Carrier itself, that this type of painting may well fall under the aegis of exclusive past practice. There is nothing in the record, however, to suggest that the total number of hours at stake when the exterior of the buildings were painted exceeds twenty-four (24). Each of the five (5) Claimants shall, therefore, be paid four-point-eight (4.8) hours pro rata pay.
        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 violated.


                          A W A R D


        Claim Sustained in accordance with the opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: -
 Nancy . D er - Executive Secretary
Dated at Chicago, Illinois this 9th day of March, 1984.