Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27015
THIRD DIVISION Docket No. MW-26643
88-3-85-3-507
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The Agreement was violated when, on August 16, 1984, four (4) Track Department employes were used to perform Bridge and Building Department work on the 'Merchants Bridge' (System File 1984-9/013-293-16).

(2) B&B Mechanics 0. Guion, T. A. Killian, K. G. Case, J. K. Conley, A. Sims and A. Hood shall each be allowed seven (7) hours of pay at their respective straight time rates because of the violation referred to in Part (1) hereof."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Six employees of the Bridge and Building Sub-Department were assigned on August 16, 1984, to repair work on the Merchants Bridge. Also assigned to work with these employees were four employees of Track Sub-Department, whose work was characterized by the Organization as "staightening, setting and aligning bridge ties and guard timbers and moving and setting walk boards." The Carrier states that the work of the Track Sub-Department employees was to "discard some of the old and lay in place some of the new ties, timbers and railway boards."

The Organization claims that the work performed by the Track SubDepartment employees should have bee Sub-Department employees.
Form 1 Award No. 27015
Page 2 Docket No. MW-26
88-3-85-3-507

An examination of Rule 2, Classification, as well as the Organization's contentions, fails to de question or that it was inappropriate for Track Sub-Department employees to be engaged in such assignment. Since the Organization fails to establish that the Agreement provides exclusive rights to this work, especially where the assisting work was performed by other Maintenance of Way employees, the claim is without rule support.






                          By Order of Third Division


Attest:
        Nancy J. r -.Executive Secretary


Dated at Chicago, Illinois, this 25th day of April 1988.