(Brotherhood of Maintenance of Way Employer PARTIES TO DISPUTE: (The Illinois Central Railroad Company

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

 (1) The Agreement was violated when, without prior notice to General Chairman Hull, outside forces were used to perform grading and drainage work at Johnston Yards, Memphis, Tennessee beginning on or about July 20, 1970 (System File T-69-T-70/Case 748,

 (2) Machine Operators H. J. Smith, H. M. Verble, A. L. Holt, R. E. Wiley, Jr., M, J. Binkley, J. E. Barker, E, R. Adkins, T. L. Robinson, F, L, Sandling, and D. L, Martin 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) of this claim.

 OPINION OF BOARD: The Organization contends that the Carrier violated the Agree
 ment between the parties when it sub-contracted out certain
 grading and drainage work at Johnston Yards, Memphis, without giving the General
 Chairman prior notice of its intention to do so. The Carrier contends that this
 project required large earth moving machines which were not available on the
 property, that it required the purchase and transportation of more than 45,000
 cubic yards of fill, that the Carrier does not possess the necessary dump trucks,
 and that this project was beyond the capabilities of its work force.

 This Board has held that the exclusivity doctrine is of no effect in deciding disputes involving Article IV of the May 17, 1968 Agreement, but has also denied monetary payments where no loss was shown. See Awards 18305 Dugan, 18306 Dugan, 18860 Devine, 18687 Rimer, 18773 Edgett, 18714 Devine, 18716 Devine (involving the same parti 19154 Dugan, 19191 O'Brien, 19399 O'Brien.

 This Board finds that nothing in Article IV changes the rights of the parties to sub-contract out. The Carrier should have given the General Chairman prior notice of its intention. Dared on the precedents cited above, this Board concludes that the Agreement was violated. The cord indicates that at least


,.
 :.... _:
 .. ._r


four machine operator positions were abolished on August 31, 190. If the claimants actually suffered a monetary lose while the contractor was working on the property, their claim for pay at their respective straight time rates for an equal proportionate share of the total man hours they lost as a result of the contractor's work should be alloyed.



That the Carrier and the Employee involved is this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Hoard hen jurisdiction over the dispute involved herein; and



        Claim sustained to the extent indicated in Opinion.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Third Division


ATTEST: ~ · ..
 Executive Secretary

 Dated at Chicago, Illinois, this 27th day of February 1973.

 ;.
 I
 ..,°~:,~,~