PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when on November 17, 1981, Car Shop employes sere assigned and used to perform maintenance of Way work at the Paoli Car Shop (System Docket 357).
(2) Because of the aforesaid violation, Carpenter Foreman D. Parker and Carpenters T. Hudson and E. Pewdo shall each be allowed eight (8) hours of pay at their respective straight time rates.
OPINION OF BOARD: Two Conrail Car Shop employes were used to build a wooden
 base made of ties around the bottom of an office trailer.
 The trailer had been moved by Cbnrail onto Amtrak property which had been
 leased to Conrail. The Organization maintains that the work should have been
 assigned to Carpenters in the Amtrak Bridge and Building Department because
 work of this character has traditionally been performed by Carpenters and
 contractually belongs to them. The Organization contends that the Carrier
 assigned or otherwise permitted the assigment of Conrail employes to do this
 work. The Carrier maintains that the trailer in question was moved onto the
 Carrier's property without the Carrier's knowledge and was used solely for
 the benefit of Conrail. The work on the trailer was performed at the
 direction of Conrail without the Carrier's knowledge and at Con rail 's expense.
 The Carrier states that it did not have and still does not have any B&B
 employes headquartered or assigned to the Paoli facility; the only work done
 by Amtrak B&B employes at that facility was done at the express request of
 Conrail.
The Board finds that the Organization has failed to produce evidence to substantiate its claim. The record shows that the trailer stood on property that had been leased to Conrail by the Carrier and was not under the control of the Carrier. The Carrier had no knowledge of the trailer or the work to be done on it; the Carrier did not assign the employes who did the work. Many previous awards hold that work performed by a Lessee rn leased property which is not used for the benefit of the Carrier or under the control of the Carrier is not covered by the Scope Rule. (See Third Division Awards Ms. 14641, 21283 and 23575 among many others.) Under the circumstances of this situation, the its B&B forces perform the work on property which had been leased to Conrail. Therefore, no violation of the Agreement occurred.
                    Docket Number MW-25387


FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearing thereon, and upon the whole
 record and all the evidence, finds and holds:
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


Attes loop
        Nancy .000Kver - Executive Secretary


Dated at Chicago, Illinois, this 26th day of July 1985.
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