NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20081
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Board of Trustees of the Galveston Wharves
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it used outside forces
to perform the work of repairing pallets on the Galveston Wharves (System
File 700-28-2)
(2) The Carrier also violated Article IV of the National Agreement
of May 17, 1968 when it did not afford the General Chairman a conference to
discuss matters relating to the work referred to in Part (1) above.
(3) C&M Foreman C. Moore, Assistant Foreman C. Mlcak, Mechanics T.
Curtis, P. Fontono, J. Meyer and Truck Driver B. T. Washington 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 described in Part (1) hereof.
OPINION OF BOARD: The issue herein is substantially the same as the issue in-
volved in Award No. 20071, involving the.same_parties..
to the dispute and for reasons stated therein in Award 20071 , we will deny
paragraph (1) of the Statement of Claim, sustain paragraph (2) of the Statement
of Claim and deny paragraph (3) of the Statement of Claim.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
Award Number 20072 Page 2
Docket Number MW-20081
A W-
Part (1) of the claim is denied.
Part (2) of the claim is sustained.
Part (3) of the claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
xecutive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.