Mr. N. 11. McKegney, Superintendent

438 West St. Paul Avenue

Milwaukee, Wisconsin 53200

Dear Sir:

The attached claim has been declined by Itoadmaster P. J. Sylvester and such is now proposed to you on appeal of his decision.

The attached statement signed by truck driver in Milwaukee Terminal verifies our position that the handling of ice has been the work of Track Department truck drivers fox the past 15 to 20 years and as such this work has been customarily performed by carrier employer of this department.

The two claimants in the instant case were fully employed and under pay beginning August 11, 1969, therefore, there was no lost earnings on their part.

Attached hereto as Carrier's Exhibits are copies of the following:

Letter written by Mr. L. W. Harrington, Vice President-Labor Relations, to Mr. Max R. Martin, General Chairman, under date of

January 15, 1970_ _______ . _._ ___ _._______.Carrier's Exhibit "A"

Letter written by Mr. L. W. Harrington to Mr. Max R. Martin

under date of June 26, 1970. _ _.---- -Carrier's Exhibit "B"

(Exhibits not reproduced.)

OPINION Of' BOARD: The Organization contends that the Carrier violate~d Article IV of the May 17, 1968, National Agreement when it failed to notify the General Chairman of its plans to contract out the work of driving the truck used in the hauling and delivery of ice in the Milwaukee Terminals.

The Carrier maintains that there was no contracting out of work; that no notice was required since the work is not reser-.,Ted exclusively to Mainbanance of Way employes; that Claimants suffered no pecuniary loss, thus precluding an award of damages; and that this Board is without jurisdiction to enforce said Article IV.

These contentions have been raised numerous times before in cases involving these same parties and we will adhere to the holding enunciated by Referee Dugan in Award 18305 and 18306 and find that the Carrier violated the Agreement by its failure to give advance notice to the General Chairman of its plans to contract out the work in question. We will also adhere to those awards in holding that since claimants suffered no pecuniary loss we will deny Part 2 of the claim. See also Awards 18860, 18687, 19056, and 18968.

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 axe 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 violated in accordance with the Opinion.

AWARD