NATIONAL RAtr.ROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-23208
Rodney E. Dennis., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TD DISPUTE: (.
(Southern Pacific Transportation Company
_ ( (Pacific Lines)
STATEMENT CF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Gassier violated the Agreement when it assigned the
work of re-roofing the System Automotive Shop at West Oakland California to
outside forces April 21,,
1978
through May 11,
1978
(System File MofW
152-838).
(2) The Carrier also violated Article IV of the National Agreement of May
17, 1968
when it did not afford the General Chairman a conference
to discuss matters relating to the work referred to in Part (1) above.
(3)
Foremen E. E. Appleton and R. C. Howlin. Brick Mason
F. G. Freijeo Composite Mechanics J. Hurley and W. L. Stone, Painter A. F.
Vasconsellos and Carpenters J. R. Pokoraey, A. Fernandez and T. Lee each be
allowed one hugdred (100) hours of pay at their respective straight time
rates because of the aforesaid violations."
OPINION
CfE'
HOARD: In Aprils
1978
Carrier contracted out the re-roofing of
the System Automotive Shop at West Oakland, California.
The work took about three weeks and required
910
man hours at a cost to Car
rier of about
$+9s000.
The Organization alleges that this re-roofing work
belonged to covered employes in furrier's Maintenance of Way Department and
should have been given to them to perform.
It alleges that Carrier violated Article IV of the May
17, 1968
Agreement when it failed. to give the General Chairman an opportunity to
discuss the work in question and that Carrier violated the Scope Rule and
the Seniority Rule of the controlling agreement when it allowed work normally and historicall
Consequently, the Organization claims 100 hours pay at straight time rates
far nice specified employer.
Carrier denies that it failed to conform with the notice sad
conference requirement of Article IV of the May
17o 1968
Agreement or that
the re-roofing of the automotive shop was work exclusively reserved to
Maintenance of Way employes or that the subcontract it entered into for the
re-roofing work was is any way a violation of the schedule agreement or of
the may
17, 1968,
Agreement.
Award Number 23303 Page 2
Docket Number MW-23208
Li order to sustain its position is this case, the Organization
must demonstrate that Carrier denied the General Msirman a conference as
required by Article IV or that the work contracted out was reserved to
bridge and building employer exclusively. The organization has failed to
prevail as these points.
The record clearly shows that the General Chairman requested
and was offered the opportunity of having a conference. For whatever
reason, he failed to follow up and Carrier contracted out the work resulting in the iattaat claim.
This Division has decided other cases involving subcontracting
of work on this railroad. We have generally applied the same principles
in those cases that we applied in this case.
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; end
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: -
Executive Secretary
Dated at Chicago., 17.7.inois, this 29th day of May 19811 ~ ~ ~ .~ o i0,.C,.
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