(1) The Carrier violated the Agreement when it assigned ditching work in the vicinity of Tindle Mills to outside forces - said work performed on August 19, 20 and 23, 1971 (System File A-8322 J. D. Williams/D-6664).


        (2) The Carrier also violated Article IV of the May 17, 1968 Agreement when the above-mentioned work was assigned to outside forces without prior notice to or consultation and agreement with the General Chairman.


        (3) As a consequence of each of the aforesaid violations, Special Equipment Operator J. D. Williams be allowed 18.5 hours of pay at the straight time rate of his assignment.


        OPINION OF BOARD: During August 1971, the Carrier contracted with an

        outside company to perform ditching work in the

        vicinity of Springfield, Missouri. The work took 184 hours. Prior to

        the outside contracting, no notice of Carrier's intention to contract

        the work was given to the Organization. The Claimant holds seniority

        as a Group B Special Machine Engineer and Operator and was fully quali

        fied to perform the work involved herein.


        From our review of the record of the dispute as handled on the property, we are convinced that the work performed by the outside contractor was work coming within the scope of the Agreement. The Carrier has not shown an emergency or other justifiable reason for contracting. The contention of the Carrier concerning lack of equipment to perform ditching work is could have been performed by Claimant or other Agreement covered personnel.


        The Carrier violated the Scope of the Agreement as well as the notice provisions of Article IV of the May 17, 1968 Agreement which resulted in a loss of work opportunity for Claimant.


                The Claim will be sustained.


I
                Award Number 20158 Page 2

              Docket Number MW-20116


        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 Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
          That the Agreement was violated.


                  A W A R D


          Claim sustained.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

      , , /e~ By Order of Third Division


        ATTEST: . , Executive Secretary


        Dated at Chicago, Illinois, this 28th day of February 1974.