NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION

 Rodney E. Dennis, Referee

 PARTIES TO DISPUTE:

 Award Number 23035
 Docket Number Mid-23070

 (Brotherhood of Maintenance of

 Way Employee

 (The Western Pacific Railroad Company

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier Violated the Agreement when it assigned Engineering Department forces to pump water from a ditch at Oakland Yard January 3 through January 20, 1978 (Case No. 11315-1978-EWE).

 (2) Water Service Maintainer George Saraba be allowed one hundred

 twelve (112) hours of pay at his straight-time rate because referred to in Part (1) hereof."

 of the violation

 OPINION OF HOARD: On November 3, 1977, Carrier advised the General Chair
 man, pursuant to Article IV of the May 17, 1968, Rational
 Agreement, that it intended to contract out certain work in the Oakland Yard.
 The Organization lodged no protest over the subcontract. The contract was
 awarded and while the contractor was engaged in the installation of the sub
 surface drainage system, the area experienced a heavy rainfall. Pumps were
 brought in to drain the dit=hes and keep the drained so that work could
 continue. To keep the pumps in operation when required, the contractor re
 quested that Carrier emergency inspectors assist in the operation of the
 pumps. They did so.

 Claimant, a water service maintenance man, alleged that he should have been assigned to operate the pumps to pump out the ditches for the contractor. He claimed 112 h were operated from January 3 to January 20, 1978.

 Carrier denied the claim at every level. It was pressed by the union to the Hoard for resolution.

 After a thorough review of the record before us, it is this Board's opinion that Carrier must prevail in this case. There is no question that the work in question here was subcontracted and that the Organization


did not contest the subcontracting of the work. Carrier.'$ November 3, 1977 letter to the General Chairman clearly states that: This contract will also include necessary drainage work. Once this

 work had been subcontracted, Carrier no longer had control of same and the Organization cannot later be heard to claim it.

        P33DINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated. % ----_=- j


                    AWARD

                                    i' _


        Claim denied.


                    NATIONAL RAILROAD ADJUSTMENT HOARD

                    By Order of Third Division


ATTEST: 00~ ~~·

 Executive Secretary

 Dated at Chicago, Illinois, this 28th day of October 1980.

 t