NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 19426
THIRD DIVISION Docket Number MW-19410
Thomas L. Hayes, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Railway Company
STATEMENT OF CLAIM: 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 Maple
Park and Dixon, Illinois on Sub-division No. 2 of the Galena Division to outside Forces (System File
(2) The claimants* each be allowed pay** at their respective rates
of paw for an equal proportionate share of the total number of man hours consumed by outside forces
-'The claimants are:
Foremen Assistant Foremen
P. D. Timmons C. Dewey
I. Gilkison
R. Spicer Machine Operators
W. Milburn
F. J. Garcia D. E. Harriss
H. C. Gall L. Oladie
F. Maters H. F. Roush
A. T. Apponi V. Veliz
D. Concotelle D. Contreras
E. J. McAndrews
Assistant Foremen - Truck Driver
H. P. Fifield
G. E. Rombough
Laborers Laborers
I. Marchetti F. Baltierrez
H. McAndrews R. J. Cisketti
A. Martinez H. Torres
J. L. Spicer R. Timmons
R. E. Eaglin F. Luna
C. A. Giese M. Galletti
F. Whitehouse A. 0. Najera
F. Thompson H. Granados
Award Number
19426
Page 2
Docket Number MW-19410
Laborers Laborers
D. Meyer S. Rocha
D. Reiley F. Fraga
F. Gomez P. M. Fraga
R. C. Mejia S. Gamina
F. Jordon S. R. Garcia
** (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 will be allocated to the claimants on
the basis of the claimants' overtime rates).
(3) The Carrier shall also pay the claimants six percent (6%) interest per annum on the monetary
date until paid.
OPINION OF BOARD: The Organization alleges that Carrier violated Article IV
of the May 17, 1968 National Agreement when it contracted
with an outside concern to install track ties between Maple Park and Dixon,
Illinois without first giving the General Chairman notice of its plans to
contract out the tie work.
Carrier asserts that this is a continuation of the claim in Docket
No. MW-19323 (which became Award 19254) and in Award 19254 the Board stated
in part as follows:
"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."
I,
Award Number 191 page
3
Docket Number
w_19410
We feel that on the question of whether there has been a violation
of contract in the instant dispute Award
19254
provides a useful precedent
which should be followed.
In the case now before the Hoard, the General Chairman was not notified
··f Carrier's plan to contract out work. Moreover, in the record. there is m
admission by Carrier that outside contractors were used in certain cases in
dispute including this one.
Thus, we hold that there has been a violation of the applicable
agreement.
Because Carrier never raised the monetary damage issue on the
property, we do not need to reach the question of whether damages would have
been allowable if such issue had been joined.
In view of the foregoing, Parts 1 and 2 of the Claim are sustained
in behalf of all Claimants, except F. Luna and S. Roche who resio_.ad prior to
the start of the renewal program, but Part
3
of the Claim is disallowed.
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier sad 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 Hoard has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained to the extent and in the manner set forth in Opinion.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Dated at Chicago, Illinois, this 29th day of September 1972.