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


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 Roadway Track Department forces to perform track work at Lufkin, Texas on April 13, 1983 (System File MW-83-66/391-91-A).

 (2) Because of the aforesaid violation, furloughed Track Laborers E. J. Baggett, T . Zackery and R. D. Eaglin shall each be allowed four (4) hours of pay at their straight time rate."

 OPINION OF BOARD: 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.

 During the week of April 4, 1983, a number of cars derailed on Carrier's Houston Division at Lufkin, Texas. Three Carmen performed certain work necessary to rerail the cars. According to the Organization, such work involved repair to the rails which should have been done by its members.
As a result, the Organization filed this Claim. Carrier rejected it. Upon the parties' failure to resolve the dispute on the property, the matter was advanced to this Board for adjudication.

 The Organization contends that Carmen repaired the track at the derailment site. In support of this position, it cites a letter by a Carman in which he states, "We ... did perform said Maintenance of Way work." Thus, the Organization insists that the disputed work does belong to members of its craft. Accordingly, it asks that the Claim be sustained and that each Claimant be compensated four hours' pay at the straight time rate.

 Carrier, however, argues that the disputed work involved simply the rerailing of cars which does not belong to the Organization pursuant to the Scope Rule. Therefore, it asks that the Claim be rejected.

 A review of the record evidence convinces us that the Claim must fail. The letter cited by the Organization reveals only that the Carman performed duties he considered Maintenance of W did what was necessary to rerail the cars. In so doing, they worked with the rails, not to repair them, but to permit the cars to be placed back on them.
                        Docket Number MW-26166


Clearly, such work does not constitute repair of rails as suggested by the Organization. In this context, it is significant that the tracks were subsequently torn out and repaired by Maintenance of Way Employe.

 Under these circumstances, we are convinced that work done to the rails by Carmen did not constitute repair work so as to fall under the Organization's Scope Rule. Accordingly, and for these reasons, the Claim must be denied.

 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


Attest i
        Nancy ,Y.go_ver - Executive Secretary


Dated at Chicago, Illinois, this 24th day of August 1987.