NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

William M. Edgett, Referee

BROTHERHOOD OF RAILROAD SIGNALMEN

UNION PACIFIC RAILROAD COMPANY

(a) The Union Pacific Railroad Company violates the current Signalmen's Agreement effective April 1, 1962, when it fails and/or declines to apply Rule 1, Scope and Section (b) of that Rule, by assigning employes not covered by the Scope and Classification Rules to perform work necessary to construct signal pole line between Cayuse and Gibbon, Oregon.

(b) Mr. M. J. Morrison, Senior Signalman on the Signal Gang assigned to this pole line work, be allowed eight (8) hours at the time and one-half rate, in addition to the straight-time rate of his assignment for each date, March 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 25, 26, 27, 28, and 29, 1968, April 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, and continuing on a day to day basis so long as the Carrier continues to violate the agreement.

(c) In the event Claimant Morrison vacates the position of Senior Signalman in the Signal Gang assigned to perform the work of constructing the pole line between Cayuse and Gibbon, Oregon, that the employe assigned to the position of senior signalman in such signal gang shall be considered the claimant.

"RULE 1. Scope. This agreement governs the rates of pay, hours of service and working conditions of employes in the Signal Department who construct, install, maintain and/or repair the following:

* * * * *

1967 on this same division and same seniority district in relocating signal facilities to accommodate the construction of the John Day and Lower Monumental Dam.

The Organization was further apprised of numerous instances where company-owned roadway locomotive cranes and other larger units of companyowned work equipment were operated by employes represented by the Brotherhood of Maintenance of Way Employee Organization when utilized to excavate for pole holes and trenches, to set signal poles and to distribute signal material which had never been protested by or in behalf of signal employes.

(Exhibits not reproduced.)

OPINION OF BOARD: Carrier engaged outside forces when it was engaged in upgrading and relocating its signal pole line between Cayuse and Gibbon Oregon. Because of the terrain Carrier determined that hand digging the holes or the use of standard auger boring machines would not effectively accomplish the work. It further determined that a large machine, known as a trencher-backhoe was required.

Carrier does not own the required equipment and accordingly it contracted for the equipment with a contractor who furnished both the machine and employes skilled in its operation.

Several defenses to the claim are raised by Carrier. However, since the case fits a recognized exception to the application of the Scope Rule it is only necessary to deal with one of them.

While it dealt with a different factual situation, Award No. 9335 contains a clear expression of principle which the Board has applied in a number of cases similar to this one. There the Board said:

"* * * as a general rule Carrier may not contract out work embraced within collective bargaining agreements. On the other hand, it appears settled that carriers may farm out large projects presenting novel situations or calling for the use of special skills, equipment or material. See, e.g., Awards 4776, 5304, 5563, 6492 and 7805." (Emphasis ours.)

The record in this case shows that Carrier was faced with a situation requiring the use of special equipment and skills. Accordingly its decision to use outside forces was not a violation of the applicable Agreement.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD