PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Track Department employes instead of Bridge and Building Department employes to dismantle a slide detector fence between M. P. 304.1 and 304.5 on February 18, 19 and March 5, 1982 (System File C-TC-13571MG 3502).
(2) Because of the aforesaid violation, B&B Foreman L. W. Anglin and B&B Mechanics C. J. Akers, L. C. Rowan, L. B. Fowler, M. W. Patterson and R. E. Ballinger shall each be allowed twenty-four (24) hours of pay at their respective straight time rates.
OPINION OF BOARD: This dispute came about after the Carrier assigned the work
 of removing a slide detector fence adjacent to a portion of a
 "dual" main line track to an APE Retirement Gang. This track had been retired in
 1974. The Organization contends that the removal work was within its jurisdiction
 and should have been so assigned.
The Carrier, in its denial of the claim, essentially relied upon numerous past Awards which held that work on facilities owned by the Carrier, but used for purposes other than the operation of the Railroad, do not come under the Scope of the Agreement. Moreover, the Carrier contends that the Organization, in its Ex Parte Submission to the Board, has objected for the first time to the Carrier's assertion that the disputed work was performed on property no longer in operation and the assertion that the Claimants already were engaged in other program work at the time the fence was removed. Consequently, they were not available to perform the tasks under dispute.
The Board finds that these latter issues were not contested on the property and, therefore, stand unrefuted. Accordingly, with respect to the basic issue as to the assignment of the work, under the facts and circumstances properly progressed to this Board, we join a long line of Awards that have found that work on Carrier facilities which are used for purposes other than the operation or maintenance of the Railroad, do not come under the Scope Rule of the Agreement.




                    Docket Number MW-25283


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 not violated.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: ,
        Nancy J/~r - Executive Secretary


Dated at Chicago, Illinois, this 29th day of March 1985.