NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24072
Herbert L. Marx, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF
CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned the work
of constructing one hundred three (103) feet of track at the ends of Bridge
D-30-281 to outside forces on September 10, 11, 12, 13, 14, 17,
18,
19, 20 and
21, 1979 (System File C#124/D-23$5).
(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 violations, Track Subdepartment
employes R. D. Leigh, L. D. Labuda, E. W. Lewandowski, G. L. Brewer, R. L. -
Christian, C. H. Christian, T. R. Neuman and E. W. Albright each be allowed pay
at their respective rates for an equal proportionate share of the sixty-two
(62) man-hours expended by outside forces."
OPINION OF BOARD: Except as to the name of Claimants, this claim is in
substance identical to that considered in Award No. 2k0(8.
The Board reaches the same conclusion based on the same reasoning here.
Ea view of the denial award, procedural issues in the dispute need not
be reviewed further.
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 Agreement was not violated. ..
Award Number 24079 Page 2
Docket Number bbl-24072
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By ~ _
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of January 1933.
~~ll
- . _^ ,;,
c.
J m.,`l