PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES





STATEMENT The claim in dispute has been identified by the Organization
 OF CLAIM: as follows:

            "Claim of the System Committee that:


1. The Carrier violated the effective Agreement in assigning the work of repairing and overhauling the motors of three of the Carrier's Roadway Machines to Ray's Auto Parts at Duluth, Minnesota, during the month of January 1961.

 2. That the following listed employes of the Carrier's Lines East Maintenance of Way Roadway Equipment Maintenance and Repair Shop, located at Superior, Wisconsin be now compensated for a proportionate share of the three hundred and sixty-nine dollars ($369.00) expended by the Carrier in having this referred-to work performed by outside parties. These claimants are as follows: Clarence Anderson, Albert E. Carlson, Carl Carlson, John During, Herbert Eckman, Victor Erickson, Wilton Hendrickson, Walter Johns, Bernard Johnson, Arthur Lindberg, Sidney H. Smith, John Stusiak, James Srur, Walter Thielman, Lars Thorson and Peter Wolf."

 FINDINGS: The Company has insisted from the start that the repairs in
 volved required special equipment not possessed by the roadway repair shop.
 The employes never refuted such assertion until their oral argument before
 this Board. This is a matter which should have been discussed and determined
 in the handling on the property.

 Our discussion in Item No. 11 regarding the performance of work during standard hours as comprehended by the Mediation Agreement of October 11, 1933 is equally applicable here.

 AWARD: Claim denied.

            Dated at St. Paul, Minn. this 26th day of November, 1963.


                    (s) Dudley E. Whiting

                    Dudley E. Whiting, Referee


    (s) A. J. Cunningham (s) T. C. DeButts

    Organization Member Carrier Member