PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 Baltimore and Ohio Railroad Company
 STATEMENT i. Carrier violated the Agreement when it con
 _OF
 CLAIM: tracted with janitorial services to paint floors
 in the roundhouse and museum, Mount Clare.
 2. Claim of Ernest Boggs and John Carnaggio -
 for 112 hours at the painters ra=a divided
 equally between the claimants account of jani
 torial service employes on February 15 and 16,
 1977 painting floors in the roundhouse and :nuseum.
 FINDINGS: This dispute centers on the use of an outside
 contractor, Universal Services, to paint the


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 of the duties specifically reserved for B & B forces by Rule 1(c)',-the applicable Scope Rule, is the "painting...of railroad structures."
 Carrier points out that the same contractor was used to paint that floor the last time it was painted. That circumstance, in and of itself, is not a controlling factor in the present case.
 Carrier also takes the position that it was free -A to contract out the work because of the magnitude of the project and the required time of completion. It relies on Rule 1(b) 5(a) 1 and 5 which stipulates that the agreement does not apply to work farmed out "By reason of the magnitude of the project" or because time is of the essence.
 The record establishes that the building was not sufficiently warm to permit painting until February 17, 197'.eleven days prior to the anniversary celebration. It also indicates that claimants were on duty and under pay at the time the painting was performed.

that the exceptions provided for in Rule 1(b)5(a) 1 and 5 are -
 applicable in this situation. Evidence to the contrary has not
 been presented. In this posture of the record, the claim n.iit
 be denied.
(030'- j



                  b't,L

                  Harold M. Westot~, Chairman


        l-'2 t t.C

        Carrier Member Employe Member


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