MISSOURI I1CIFIC RAILROAD COMPANY STATEMENT OF CIAIM: Claim of the System Committee of the Brotba rhood that:

 1. The Carrier violated the effective Agreement by assigning to persons outside the Scope of the effective Agreement the work of repairing and maintaining station trucks at the State Line Freight House, Kansas City Terminal on January 29, 1960.

 2. The senior furloughed B&B Mechanic on the Kansas City Terminal Division be now compensated for 8 hours pay at his respective pro rata rate for each day beginning January 29, 1960 and continuing until this violation of Agreement ceases.

 FINDINGS: The Carrier contends that the claim should be dismissed as invalid
 under the provisions of Article V, Section 1(a) of the National Agreement
 of August 21, 1954, because no employe is named therein. That objection was not
 raised in handling the claim on the property. By its handling of the claim solely
 on the basis of its merit, the Carrier must be deemed to have waived that procedur
 al requirement.

 It is clear that for many years the repair and maintenance of station trucks performed at the State Line Freight House in Kansas City were assigned to B&B mechanics. Under the National Railroad Adjustment Board awards interpreting scope rules similar to that in this Agreement, such long consistent assignment of specific work at a particular location precludes the Carrier from assigning it to someone outside the scope ox" the Agreement at that location.

 It appears improbable that such work was performed every day, so the claim will be sustained only for the days on which it was performed.

 AWARD:




                  Dudley E. Whiting, Chairman


Is) A. .P_ Cunningham (s) G. W. Johnson

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

 St. Louis, Missouri October 30, 1962 File 247-3848