PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and -
' The Baltimore and Ohio Railroad Company
STATEMENT On various dates between May 10 and June 1, 1978,
TF
CL7IM: Carrier violated the Schedule Agreement when it
used Boilermaker Clyde Poling to perform the work
of cutting holes and welding brackets so a safety
chain could be installed on all platforms in the
roundhouse in Cumberland, Maryland. Claimant, Car
penter R. G. Kerns, should be paid 20 hours at car
penter's rate because of that violation.
FINDINGS: To prevail, Petitioner must prove by-competent
evidence, as distinguished from mere assertion, that
the disputed work -- cutting holes and welding brack-_
ets to platforms in the roundhouse in order that
safety chains could be installed -- belongs exclusively
to Bridge and Building forces and cannot validly be
performed by boilermakers.
Petitioner has not submitted sufficient evidence
PLB No. 2778 2
Award No. 37
Case No. 77
to sustain that burden of proof. The work in question does not
affect the structural integrity of the roundhouse and has not been -
reserved exclusively for maintenance of way employes by any agree
ment or, so far as the record shows, established continuous practice.
The evidence to which we have been referred is not sufficient to es
tablish such a practice.
It was not a breach of the applicable agreement for boilermaker to devote 20 hours to cutting holes in, and welding brackets to, the platforms in the roundhouse.
In reaching our decision, we had considered with care the submissions and oral arguments of each party, including the Boilermakers who were duly permitted to appear as an intervenor. -

AWARD: Claim denied.