(b) Track Work:

All work in connection with the construction, maintenance or dismantling of roadway and track, such as rail laying, tie renewals (except bridge ties), ballasting, lining and surfacing track, maintaining and renewing frogs, switches and railroad crossings, ditching, tiling, sloping and widening cuts and banks, mowing and cleaning, patrolling and watching (except B&B work), loading, unloading and handling all kinds of track materials and all other work incident thereto, shall be track work and shall be performed by employees in the track SubDepartment.

(m) Although it is not the intention of the company to contract construction or maintenance work when company forces and equipment are adequate and available, it is recognized that, under certain circumstances, contracting of such work may be necessary. When such circumstances arise the Chief Engineer and the General Chairman will confer and reach an understanding setting forth the conditions under which the work will be carried out,

The Organization contends that by contracting out the work in question, Carrier deprived Claimants of work to which they were entitled pursuant to express contractual language and historical practice. Carrier argues that the mowing work was performed around the administration building and therefore did not constitute mowing on the track "right of way" as stated in Article 52(b); that such work was not reserved exclusively to the employes; and, finally, that the remedy sought is excessive and improper.

The initial dispute in this claim centers around whether the contracted out work at issue falls within the meaning of Article 52 (b). Carrier contended that the mowing work referred to therein refers only to the maintenance of track area and therefore mowing around an office building would not be included. The organization has argued that no "bright line" can be or had been drawn parallel to the track structure beyond which work is no longer reserved to the employes; and that the building in question is located between two yard tracks within 25 feet distance on each side.

Since the Rule itself does not shed any light on the physical parameters of the track area and the work reserved therein to the employes, evidence of past practice is helpful in determining the parties' intent.

In the instant case, Carrier has not refuted the statements proffered by employes during the handing of this dispute on the property regarding past practice except to say that the work has not been exclusively reserved to the Organization. However, this Board has consistently held that claims of exclusivity apply to

work assignment or work jurisdiction disputes among crafts of the Carrier's own employes, and not to disputes involving outside contractors. Third Division Awards 13236; 25934. We find, therefore, that in this case the practice of the parties provides probative evidence in support of the organization's case and that the carrier violated the Agreement by failing to give prior notice and contracting out the work in question.

As to the remaining question of remedy, the record shows that Claimant Callahan was fully employed as a laborer on the claim dates and therefore would not be entitled to any additional compensation under the Agreement. Arguments raised by the Carrier regarding the remaining two Claimants have not been considered by the Board since they were not raised during the handling of this dispute on the property. This Board does not have the authority to entertain arguments or evidence de novo.

Regarding the claim for 72 hours of pay for each of the Claimants, Carrier has repeatedly indicated in its correspondence that it paid $25.00 to the lawn service for each date the lawn was mowed; that the mowing took less than an hour each time; and further, that the claim.date of August 24 is erroneous as the lawn service did not perform work on this date. The organization did not refute these points, we note.

It is hereby ordered, therefore, that Claimants Cislo and Watters be compensated in an amount commensurate with the hours expended by the lawn service. They will each be allowed 4 1/2 hours of pay at the Trackman's straight-time rate.

A W A R D