Form 1 THIRD DIVISION Award No. 29993



(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company (former Chicago,
(Milwaukee, St. Paul and Pacific Railroad
(Company)

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



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 employe 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.


Parties to said dispute waived right of appearance at hearing thereon.


The underlying facts in this matter are not in dispute. On January 20 and February 3, 1990, a Section Foreman was assigned to light and adjust switch heaters at Grand Crossing Tower near LaCrosse, Wisconsin.

Form 1 Award No. 29993
Page 2 Docket No. MW-29946
94-3-91-3-328

The Organization contends that this work is reserved to employees within the Carrier's B&B Sub-Department. The Carrier contends that, while the B&B Sub-department did light the switch heaters at this location prior to 1985, since the abolishment of the full time pump repairer position in 1985 the section forces in the LaCrosse area have been handling the lighting of these heaters during the winter months.


After a thorough review of the record, it is evident that the organization acquiesced in the Carrier's practice since 1985 of having a Section Foreman light and adjust switch heaters at this location during winter months. We therefore conclude, under wellestablished precedents of the Board,







Attest:
      Catherine Loughrin - Ioerim secretary to the Board


Dated at Chicago, Illinois, this 21st day of January 1994.