PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carr·cr violated the Agreement w!aen, without advance notice to the General COairman as required by Articlc IV of the May 17, 1968 National Agreement, it assign_d the work of installing; drainage pipes on the Redwood District, Mississippi Division to outside forces. (System File MI-145-M-69/Case 699)

 (2-d) Machino Operators A. C. Turman, B. M. Turman and R. L. Foreman each be allowed pay at thoiir r:traight time rate; for an rqual proportionate share of the tdtal uu:-h('r of man hours ~·~pen·h~·' by outside forces in the p within Part (1) of this rlaim.

 (2-b) H&;, For; man It. E. Beard, B&B Carpenters E. F. Davis and 0. L. Johnson; B&B Laborers C. Bell and J. Green each he allowed pay at their respective strai.nht ti:::; rates for an equal proportionate share of the total number of man hours expended by outside forces in the performance of other than machine operator's work in connection with the work referred to within Part (1) of this claim.

 (3) The Carrier shall also pay the claimants six percent (6%) interest per annum on the monetary allowances accruing from the initial claim date until paid.

 OPINIO N OF BOARD: We are faced once again with an Article IV case wherein
 the Organization contends that the Carrier violated Article
 IV of the May 17, 196& National Agreement when it failed to notify the General
 Chairman of its plans to contract out the installation of drainage pipes on
 the Redwood District, Mississippi Division to the Nichols Construction Corp.
 The work involved the digging of trenches and the installation therein of
 perforated drainage pipes.

 Carrier, however, contends that the work in question is not reserved exclusively to Mainti·nance of Way employes; that it did not have adequate equipment to undertake a project of this size; that the work was hazardous; and that the claimants <nFf(·red no pecuniarv loss, this precluding an award of damages.


Carrier admittedly assigned this work to outside forces without notifying the General Chairman in advance as required by Article IV. The installation of the drainage pipes we feel is work encompassed within the Scope of the appLieable Maintenance of Way Agreement.

 However, the contentions raised, herein have. been similarly raised numerous times before and we will adhere to the holding enunciated by Referee Dugan in: Award 18305 and 18306 and. subsequently -followed in Awards 18860',: 18687, 19056 and 19191 and find that the Carrier violated Article IV by its failure to give advance notice to -the General Chairman-of its' plans to contract out the work in. q holding that since claimants suffered no·pecuniary loss we will deny Part (2-a~,. (2-h) and (3) of the claim. The damages issue was duly raised by,: Carrier en the property and not later waived an the Organization suggests:

        FINDID=:,S:..' The;Third Division of the Adjustmrnt Board, upon the whole record and all thr· evidence, finds and hold::


        That the rartivs waived oral hearing;


That the Carriur and the Employ,,:: involved in this dispute are respectively: Carrirr and I:mployes withn the: i,~rantnp_ _f the Railway Labor Act, as spprov(d J,rn·· 21, L':,'+;

 That.this fdvisior of the Adjustment -,r..ard has jurisdiction over the dispute involved h~ rein;.and

        'flint thr A;;r~.erwnt was violated in accordance with the Opinion.


                    A W A R D


        Part (1) 0f the claim sustained; Part l2-a), (2-b) and (3) denied.


                        NATIONAL-RAILROAD:ADJl:3TNENT BOARD

          . , By Ord^r of Third Division,

          o , ,.,~;. .

ATTEST: __-.~ f.t~. .Alv~
        Exac~itivc S: creta:^v


Dated at Chicago, Tl.tinois, this 14th dsy of fcbruary 1973.