John E. Cloney, Referee


              (Brotherhood of Maintenance of Way E)nployes


PARTIES 7U DISPUTE:
              (Seaboard System Railroad


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

 1. The Carrier violated the Agreement when it used Mechanical Department forces instead of Bridg 1980 [System File C-4(36)-Tampa Div.-7).

 2. Because of the aforesaid violation, each Group A B&B employe holding an assignment on the Jacksonville and Tampa Divisions during the claim period be allowed pay at their respective straight-time rates for an equal proportionate share of the total number of man-hours expended by Mechanical Department forces in performing the cork referred to in Part (1) hereof."

 OPINION OF BOARD: The work involved in this Claim consisted of the pouring of
 aprons, runways and walkways at a new car repair facility
 at Carrier's Uceta Yard, Tampa, Florida. The work was done by Mechanical De
 partment Flnployees. The organization contends employees covered by its Agree
 ment with Carrier were entitled to the work. During the handling of the Claim
 on the property Carrier contended mechanical Department employees had done
 this work for almost forty years. The Organization denied this was done with
 its knowledge or concurrence although the Carrier furnished statements from
 mare than twenty employees in which they attested to having worked on "form
 ing, pouring and finishing of concrete walks, roads, foundations in and around
 the shop area in the past . . ."

 As third party in interest, the Brotherhood Railway Carmen of the United States and Canada was advised of the pendency of this case, but chose not to file a Submission with the Division.

 Rule 1, the Scope Rule of the Agreement between the organization and the Carrier provides:

          "These Rules cover the hours of service, wages and working conditions for all employees of the maintenance of Way and Structures Department as listed by Subdepartments in Rule 5 - Seniority Groups and Ranks, and other employees who may subsequently be employed in said Department, represented by Brotherhood of Maintenance of Way Employees."

                      Award Number 26209 Page 2

                      Docket Number MPF-26117


Carrier insists the Claim does not properly identify specific Clairtr ants and is procedurally defective as well as lacking in merit.

        We do not agree the Claim is defective for lack of specificity.


This Claim arises among a series of Claims involving the same parties over recent years in which the assignment of work is disputed. In these cases we have repeatedly found the Scope Rule to be general in nature. (Third Division Awards 25090, 24028, 23852).

        As we stated in Third Division Award 25090:


          "This Board has carefully reviewed the record of this case and the many citations submitted by both sides in support of their respective positions. The results of that review reveals that Carrier is correct that both B & B Department personnel and Mechanic Department personnel have performed the disputed work at various times and various locations on the property. It also reveals that the Scope Rule involved here is general in nature and does not specify that the disputed work belongs only to B & B Department employees."


        This Claim must be denied for the same reason.


        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 FSnployes involved in this dispute are respectively Carrier and Einployes 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.

                      Award Number 26209 Page 3

                      Docket Number MW-26117

                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:

      Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1987.