PARTIES:


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

THE BALTIMORE AND OHIO RAILROAD COMPANY


AWARD IN DOCKET N0. 16

 STATEMENT "Claim of the System Committee of the Brotherhood that:
 OF CLAIM:
 (1) The Carrier violated the effective Agreement when, on June 11,
 1956, it assigned the work of repairing the concrete sidewalk and curbing at the
 Chestnut Street entrance to the Passenger Station at Philadelphia, Pennsylvania, to
 a General Contractor whose employes hold no seniority rights under the provisions
 of this Agreement.

 (2) B&B Foreman A. D. Whitehead and B&B Mechanics E. T. Williams) J. E. Russell, P. J. Coyle and F. H. Wood each be allowed pay at his respective straight time rate for an equal proportionate share of the total man hours consumed by the contractor's forces in performing the work referred to in Part (1) of this claim."

 FINDINGS: This Carrier received a notice from the District Paving Engineer of
 the City of Philadelphia that the concrete curb and footway at its
 Chestnut Street Station were defective and must be repaired and reconstructed. It
 was likewise informed by the City of Philadelphia that "only a registered Curb and
 Footway Paving Contractor will be allowed to do this work under a permit issued upon
 presentation of this notice or a written order from you. Permits are issued free to
 registered Footway Paving Contractors at the District Office."

 Contractor."

 This Carrier obviously was not a "registered Curb and Footway Paving

 It is quite clear from this record that at the time Carrier felt it was obliged to fully comply with the paving regulations of the City of Philadelphia. Furthermore, there is no charge from the Organization or evidence that Carrier did not act in good faith in complying with such municipal directive. Carrier had no alternative.

 For this reason, the claim will be denied.

 Claim denied.

(s) A. J. Cunningham

Employee Member


Dated at Baltimore, Maryland,

this 28th day of March, 1960.


(s) Edward A. Lynch
 Chairman

 (s) T. S. Woods
 Carrier Member