PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES




STATEMENT
 OF CLAIM: The claim in dispute has been identified by the Organization
 as follows:
 "Claim of the System Committee of the Brotherhood that:
 1. The Carrier violated the agreement when it assigned the
 work of dismantling Carrier-owned facilities at Pier 89, Seattle, Washington,
 to outside parties.

 2. Each employe on Seniority District No. 8 who holds seniority either as a B&B Foreman, B&B Service Foreman, Assistant B&B Foreman, First Class Carpenter, Second Class Carpenter, Helper, B&B Pipefitter or B&B Truck rTriver be allowed pay at their respective straight-time rates for an equal proportionate share of the total number of man-hours consumed by outside forces in performing the work referred to in Part (1) of this claim."

 FINDINGS: It appears to be established by awards of the Third Division,
 N.R.A.B., that the construction, maintenance or demolition of premises owned
 by the Carrier but used by or leased to others for purposes other than the
 operation or maintenance of its railroad, is work not comprehended by the M of W
 Agreement.

 That rule is obviously applicable to the property involved in this claim, which had never been used for the purpose of operating or maintaining the railroad, but had been constructed for and used by a lessee for its own separate purposes. Hence the claim is not sustainable.

 AWARD: Claim denied.

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


                    (s) Dudley E. Whiting

                    Dudley E. Whiting, Referee


    (s) A. .T. Cunningham (d) T. C. DeBUttS

    Organization Member Carrier Member