PARTIES TO THE DISPUTE:

              Brotherhood of Maintenance of Way Employes and Spokane, Portland and Seattle Railway Company (System Lines)


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


      (1) The Carrier violated the Agreement when, without

      benefit of 'mutual agreement between the General Chairman

      and designated Representative of Management', it assigned

      or otherwise permitted 'outside parties' to excavate

      for and backfill three (3) culverts between Mile Posts 187

      and 189 near Paterson, Washington.


      (2) The carrier further violated the Agreement when it

      assigned Track forces instead of B&B forces to install

      the aforesaid three (3) culverts.


      (3) Machine operator R. Shimmin be allowed pay at his ._

      straight time rate for the total number of man hours

      consumed by outside parties during the hours of his regular

      assignment and pay at his time and one-half rate for the

      total number of man hours consumed by outside parties

      during hours outside of his regular assignment in per

      forming the work referred to in Part (1) of this claim.


      (4) Messrs. L. Wells, T. Kirk, M. Underwood, O. Dorn

      and G. Day (B&B Crew No. 11) be allowed pay at their

      respective straight time rates for an equal proportion

      ate share of the total number of man hours consumed

      by Track forces during the hours of the claimants'

      regular assignment and pay at their respective time and

      one-half'rates for an equal proportionate share of the

      total number of man hours consumed by Track. forces during

      hours outside the claimants' regular assignment in

      performing the work referred to in Part (2) of this claim."


FINDINGS.

 The Board, upon the whole record and all the evidence finds that-

      In view of the facts and circumstances in this particular

i 0PLQ r3a. 3°(


Award No. 18
 Case No. MW-232

 case and without construing the rules of agreement relied upon by the parties as they might apply to any other case involving the same or similiar set of circumstances, Claimant Shimmin will be allowed four hours pay.

 In all other respects the claim is denied.

 AWARD: As per Findings.

 J. P. W 1~Emp~ Member

 Portland, Oregon August 10, 1967

 ~i~elrney, Ca ier member