Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29061
 THIRD DIVISION Docket No. MW-28506
 91-3-88-3-314
 The Third Division consisted of the regular members and in
 addition Referee Gil Vernon 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 Carrier violated the Agreement when, without a conference having been held between the Chief Engineering officer and the General Chairman as required by Rule to construct a car loading ramp at Oldsmarr, Florida beginning in the second half of February through the firgt half of April 1987 (System File CLR/BJM/ RWB-87-39/12 (87-697)].

 (2) Because of the aforesaid violation, Carpenter Foreman C. Roberts, Carpenters B. J. Moore and R. W. Benson and Helper D. L. Sullivan, shall each be allowed pay for an equal proportionate share of the total number of man-hours consumed by the outside parties performing the work 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.

The instant claim was filed on April 14, 1987. It asserted that outside forces were used to construct a car unloading ramp at Oldsmarr, Florida. The Carrier, in its response, acknowledged that a ramp had been constructed. However, it asserted that the construction was arranged for by Yakle Lumber Company. In appealing the claim further, the Organization did not dispute per se that Yakle arranged for the construction, but highlighted the fact that the ramp was on Carrier property and asserted it was "an instrument of usage by CSX." the ramp in question was constructed by, paid for, and used exclusively by Yakle Lumber Company. There was no challenge to this assertion.
 Form 1 Award No. 29061
 Page 2 Docket No. MW-28506
 91-3-88-3-314

 In view of the fact that the Organization did not challenge the Carrier's assertion that it had no control over the project and that it was not for its benefit, the claim must be denied.




                          By Order of Third Division


Attest:
      Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 22nd day of November 1991.