NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20976
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise permitted outside forces to per
81-19-85).
(2) The Carrier violated the Agreement when it assigned or otherwise permitted outside forces to per
Track" at Magnolia, Minnesota (System File 0-26/81-19-86).
(3) The Carrier also violated Article IV of the May 17, 1968
National Agreement when it did not give the General Chairman advance written
notice of its intention to contract said work.
(4) Section Foreman J. F. Peterson, Laborers W. W. Potter, W. Van
Name and Machine Operator C. Grimmius each be allowed pay at their respective
rates for an equal proportionate share of the total number of man-hours expended by outside forces i
(5) Section Foreman C. Musgrove, Laborers D. Remme, J. Kreen and
Machine Operator C. Grimmius each be allowed pay at their respective rates
for an equal proportionate share of the total number of man-hours expended
by outside forces in performing the work described in Part (2).
OPINION OF BOARD: The disputes herein are identical in all important as
pects with those considered in Awards 20895, 20945 and
20950. In view of the record and the logic of these Awards we must be guided
by the principles of res judicata and sustain the claim in its entirety.
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;
Award Number 21079 Page 2
Docket Number MW-20976
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
l..xecutive Secretary
Dated at Chicago, Illinois, this 19th day of May 1976.