NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19323
Robert M. O'Brien, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Railway Company
STATEMENT OF CIAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, without prior notice to
General Chairman P. J. McAndrews as required by Article IV of the May 17, 1968
National Agreement, it assigned the work of installing track ties between Wheaton and West Ch
outside-forces (System File 81-1-193).
(2) The claimants* each be allowed pay ** at their respective rates
of pay for an equal proportionate share of the total number of man hours consumed by outside for
* The claimants are:
Maintenance Gang Foremen Section Foremen
T. Timm J. D. Dean J. Ramarez
B. Spicer L. D. Dean J. V. Eads
Assistant Foremen Truck Drivers Assistant Foreman
B. Parra L. Zamudio
R. Abeed
Machine Operators Section Laborers
R. Wohlrabe C. C. Kadau A. Serna
R. Hernandez J. Zarati J. L. Aguado
C. Acosta G. Buchikas J. M. Bernal
E. Feirstein M. Blanco R. C. Carter
L. R. Gonzales H. M. Romero P. R_ Alonzo
M. Diaz R. A. Youngs F. V. Espino
C. Espino
Award Number 19254 Page 2
Docket Number MW-19323
**(The claim contemplates that all service performed by said
outside forces during straight-time hours will be allocated to
the claimants on the basis of the claimants' straight time rates
and that all service performed by said outside forces during the
claimants' overtime hours should be allocated to the claimants
on the basis of the claimants' over-time rates).
(3) The Carrier shall also pay the claimants six percent (67.) interest per annum on the monetar
date until paid.
OPINION OF BOARD: The Carrier contracted with the Royce Kershaw Company for
the performance of tie renewal work with their own equipment
and operators, between Wheaton and West Chicago, Illinois from July 23, 1969 to
August 15, 1969. The contract crew worked in conjunction with employee of Car
rier's Track Department.
The Petitioner contends that the Carrier violated Article IV of the
May 17, 1968 National Agreement when it failed to notify the General Chairman
of its plans to contract out the aforementioned tie renewal work.
We are of the opinion that tie renewal work is work embraced within
the scope of Petitioner's applicable Agreement. Therefore, it was incumbent
on Carrier to comply with the provisions of Article IV before contracting out
the scope covered work to outside forces. When Carrier failed to give advance
notice to the General Chairman of its plans to contract out the work involved,
it violated the clear and unambiguous provisions of Article IV of the May 17,
1968 National Agreement.
However, we will adhere to those awards holding that since Claimants
suffered no pecuniary loss we will deny Part 2 of the claim. See Awards 18305,
18306, 18687, 18860 and others.
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;
Award Number 19254 Page 3
Docket Number MW-19323
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.
A W A R D
Part (1) of the claim sustained ;Part (2) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of May 1972.