Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29439
 THIRD DIVISION Docket No. MW-29033
 92-3-89-3-464
 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 DISPCTE:

STATEMENT OF CLALy: -1dim of the System Committee of the Brotherhood that:

 (1) The _'arrier violated the Agreement when it assigned or otherwise permitted 0ieside r)rces ( track maintenance work ;renew ties, raise track and dress track) on Terminal Elevator Track Nos. 3, N, 7 and 8 in the East Kansas City Yard from August 17 through September 11, _987 [Carrier's File ]13.31-320(249)].

 (2) The C_rrter also violated Article IV of the May 17, 1968 National Agreement when it did rot gr.·e the General Chairman advance written notice of its intention to contract said work.

 (3) As a c)nsequence of the violations referred to in Parts (1) and/or (2) above, r~essrs. 7. ;. shall each be allowed one hundred sixty (160) hours .)f pay at their respective rates."

 FINDINGS:
The Third Division Df the Adjustment Board, upon the whole record and all the evicence, :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 'nerein.

 Parties to said dispute waived right of appearance at hearing thereon.
East Kansas City '· 'a rd by other than Maintenance of Way employees. The record
 demonstrates that cork on these tracks is the responsibility of the lessee
 (Kansas City Terminal Flevator Company). Rules as to reservation of work to
 Maintenance of -,;ay employees are clearly not applicable where the Carrier has
 no control over the work. Since the Organization cannot defeat this basic
 principle in this instance, there is no basis for the Claim.
 Form 1 Award No. 29439
 Page 2 Docket No. MW-29033
 92-3-89-3-464






Attest:'
        ancy J. i) e~Dxecutive Secretary


Dated at Chicago, ILli'nois, -7is 21st day of October 1992.