(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



(1) The Agreement was violated when, on July 21, 1977, the Carrier used outside forces to make repairs to Tie Shear Machine TS-14F (System File C-TC-490/MG-1976).

 (2) As a consequence of the aforesaid violation, Roadway Mechanic Richard J. Beating (ID 2617699) be allowed 5-1/2 hours' pay at his straight-time rate."

 OPINION OF BOARD: The Claimant asserts that as an assigned Roadway
 Machine Repairman (Mechanic) within the Roadway
 Machine and Equipment Repair and Service Sub-Department, he and fellow
 employes within 'the-Sub-Department have customarily and traditionally
 performed all roadway machine repair work, including welding in
 connection therewith. Thus, the Claimant asserts that the Carrier
 violated the agreement when, on the claim date, it contracted with an
 outside concern to repair (weld) the frame of TS-14F. Further, the
 Claimant asserts that the Carrier did not discuss the matter with the
 General Chairman, as required by Appendix F.

 The Carrier pointed out on the property that the employes were not available to perform the necessary welding repairs on the date that the machine broke, because of other repair work to be performed, even though the employes performed substantial amounts of overtime on that day. On the next day, again the Carrier could not repair the machine due to higher priority repair work, and again the employes performed substantial overtime. Toward the end of that day, another machine developed a broken shear pin, so that the force had only one tie shear in service. As a result, an emergency situation arose, inasmuch as 2 of the 3 tie shears were out of service and there was more repair work than the bargaining unit employes were physically able to perform. As a result, the Carrier found it necessary to contract the welding on TS-14F.

 We have considered the entire record, and we find that under the circumstances, there is not a basis for this 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 claim be dismissed.


                      A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTIENT BOARD

                            By Order of Third Division


ATTEST: ~/ ~~Ij·-r
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of January 1980.