(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

(1) The Carrier violated the Agreement when it assigned track work in connection with a grade separation project to outside forces (Cariier's Files MofW 152-815 and MofW 152-816).

 (2) 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.

 (3) As a consequence of the aforesaid violation, furloughed Laborers S. Ponce, R. Zaragoza, L. G. Rodriguez, M. C. Castaneda, J. B. Magana, R. G. Montalvo, C. V. Garcia, M. G. Fernandez, J. C, Villaruel, I. Majarro, S. Canchola, S. Partida, R. N. Macias, H. H. Cabada, M. C. Franco, R. F. Romo, L. M. Rios, A. A. Veliz, M. B. Enriquez, J. Gaona and C. V. Parade each be allowed pay at their respective rates for an equal proportionate share of the total number of hours expended by outside forces."

 OPINION OF BOARD: The essence of the extensive case and arguments
 presented by the parties goes to the question of what,
 if any, responsibility issues to the Carrier to notify the Organization in
 advance of work performed in connection with a grade separation project
 and whether or not members of the Carrier's furloughed work force, repre
 sented by the Organization, were entitled to perform such work.

 Article IV of the applicable Agreement deals with "Contracting Out" and requires that, inter alia:



According to the Carrier, no obligation exists here because the work i--volved was both for the benefit of the City of Los Angeles (the construction of an underpass) and paid for by the City. Thus, the Car-.ier asserts, it could =of con:.=act cut that over which it did not have control,
We find the Carrier's defense to this claim fails on a very :Tortant -- and decisive -- point: while it may well be that the and result of this project was the underpass, for which the Ci=y assur..ed all costs involved, the co^struction or the trackage in question was strictly a=d s i,-gular1y for use of --he Carrier. Moreover, the right-of-caay was the property of the Carrier; it seers apparent t=at the Ca^ier had to agree to` the grade separation as well as the method by which such work, includithe shoofly and that the subse others -- would be accomplished on its property. COr.SeGLently, we conclude that such decision was wi`hin t:^.e authority of the Carrier, as ev=d2nce by
the Contracts betwe°-.^. Carrier and the O:LIliCipality in the record. He also
 c-Cli:Ce that,. based on t^e torego7.-a, the work as set Cut _= the Cla - was
 w~r:i :1C^a11y a^d ~T~all~l -,error=ed b~ t=:e - a^d _- r
                                traC_~ Or-ces .hat p_=o=

not=c°_ should ^a'7e`Deen given under Art_Ole _..
        iie shall order that the parties review such work with'_n 94 1a,7s

tra.,. the date o= this Award and __'_ such time frame shall agree L:JC.^.
 -J-ape nsati0n for the Claiua nts as specified in this Cla'-'1. Any such
 co=ensation may be Offset by wages received by the Clai.:ants d-_==g the
 .,her=od involved. Should the parties be unable to resolve such ;..attars,
 __ shall be returned to this Board =or final settlement.
        -=IVG3: The hind Division of the Adjustment Board, a?on the whole racct_ and ail the evidence, finds arid holds:


        That- the oar-Z4 _s waived oral hearing;


hat t°_ Carrier and the E=loyes -involved _n this dis-oure are rss-cect4_7e17 Care=er a... t.a.D10yes within the =ea=_n5 of ^t%e ~all'Way labor , a: anprOVed 7u-a 21, 1 93L. ;
7hat this Division of the Adjustment Board has , risdi,cticn over _'2 ==spi:te involved ..,ore n; and
        7'at tae iSr=ement '.has V:OlataC.

                      Award Number 22783 Page 3

                      Docket Number b&1-22429

                      A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 14th day of March 1980.