AWARD No. 45

- SPECIAL BOARD OF ADJUSTMENT 110. 279

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES versus

MISSOURI PACIFIC RAILROAD COMPANY STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the effective Agreement by allowing the

erection of a warehouse on the Carrier's property by the S. R.

Brunn Construction Company at its old Broadway Yards, Kansas

City, Missouri, on or about November 1, 1958.

(2) Certain identified employes from the Bridge and Building

Department in this Kansas City area be now compensated at

their respective pro-rata rates for an equal proportionate

share of the number of man hours spent by the contractor's

forces in the construction of the building referred to in

Part 1 of this claim.

FINDINGS: In this case there was no construction by the Carrier. All it did

was to lease land to a separate corporation known as the Missouri

Pacific Freight Transport Company, which conducts a motor freight operation.

That corporation contracted for the erection of a building upon the land which

it so leased and this Carrier has no responsibility for either the construction

or maintenance of such building.

It seems obvious that the agreement of this Carrier with this Organization does not extend to the operations of such other corporation and hence cannot govern who should perform construction work for it.

=RD: Claim denied.

SPECIAL BOARD OF ADJUSTMENT NO. 279

(s) Dudley E. Whiting

Dudley E. Whiting - Chairman

(s) A. J. Cunningham (s) G. W. Johnson

A. J. Cunningham, Employe Member G. W. Johnson, Carrier Member

St. Louis, Missouri

November 4, 1959