NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19571
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company (A&P Regions)
STET°?BNT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, without prior notification to or discussion and agr
outside forces to perform work nn Pier 6 on June 29 and 30, July 1, 3, 4 and 5,
1970 (System File MW-LP-70-2).
(2) B&D employes W. S. Williamson, L. La Simmerman, A. D. Gilbert,
R. E. Lee, W. Lee, T. E. Pritchard and T. R. Southworth each be allowed pay
at their respective straight-time rates for an equal proportionate share of
the total number of man hours expended by outside forces in performing the work
mentioned in Part (1).
)PINION OF BOArID: The Organization contends that the Carrier violated Article
IV of the May 17, 1968 National Agreement when it failed to
give notice to the Organization before contracting out the work of repairing the
No. 1 Loader at Pier 6 from June 29 through July 5, 1970, Tlic work involved the
replacement of a sprocket gear and work incidental to that effort. It is undisputed that Carrier fai
above.
In its defense, the Carrier asserts that Claimants had neither the
skills nor the squirm,^t required to perform the work in question; however,
Carrier presented no evid=nee in support of its assertion. Carrier also contends that the Claimants
lost no earnings.
This Eoard, in Award No. 12305 (followed by a long line of concurring
decisions) refused to accept the argument that the Organization must prove "exclusivity" prior to Ca
reaffirm that reasoning and therefore sustain Part 1 of the Claim.
Ile arc reluctant to treat blatant violations of contractual rights
by simple reprimand. Obviously, calculated violation of the contract, such as
in this case, cannot lead to a constructive relationship between the parties,
as ccntemplated by the Act. Ho·.·ever, since Claimants suffered no monetary loss,
we shall follow Awards 18305, 18687, 19153 and many others, in denying Part 2
of the Claim.
Award Dumber 19574 Pflge 2
Docket :c=ber MW-19571
FIt;DIMS: The Third Division of the Ad;iuztmcnt Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the: Carrier
an4
t',a rmnleves
imralcrrd in thip. c'.i spzito are
respectively Carrier ?a:? ~·:Lc·,·cc within the mennir;;,- of the Railimy Labor
as approved June ?l,
'_934;J,
Tbe,t th5.r. L-;~.^i en of the AciJ;a;r_mt Board h;:c juxi:dietion over the
disptitn invelve6;·cre'_.~; ,.^
That the Aereenent
eras violated,
4? r". J2 D
Part (1) of
the Claim
is sustained.
Pr~rt
(2) o` t?ie Claim is denied.
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Pnted ._. Cl:ict;:o. I17.:
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r 30th c:,.;,· oe January 1973.