PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY PZAPIOOYES





STATE 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 by assigning to a contractor the work of clearing up the Carrier's right-of-way near Berthold, North Dakota, following a train wreck at that point on January 18, 1961.

 2. That all section laborers holding seniority on the Third District Roadmaster's District of Seniority Division No. 4, who were laid off in force reduction and not working during the period January 22 to February 6, 1961, during the time the contractor was assigned to clear the carrier's right-or-way, be now compensated for their proportionate share of the total number of 2048 man hours of work at the pro rata rate and 328 man hours at the time and one-half rate, which is the total time expended by the contractor and his employee in performing the work referred to in Part 1 of this claim."

 FINDINGS: Clearing the right-of-way of damaged or spilled material is
 properly work of M of W employes but the transfer of lading from damaged cars
 to other cars is not work belonging exclusively to them. In this case the
 facts are not sufficiently developed to permit a finding as to the nature of
 the work performed by the contractor.

 In addition thereto it appears that several trucks were needed to transport the lading a few miles to other cars, which the Company did not have available for that purpose and, to this extent at least, the contracting was comprehended by the Mediation Agreement of October 71, 1933.

 The evidence adduced in this case is not sufficient to permit a sustaining award.

 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