NATIONAL RAILROAD AWUSD1ENT BOARD
THIRD DIVISION Docket Number
NW-24197
Herbert L. Marx. Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES 2n DISPUTE:
(lake Superior & Ishpeming Railroad Company
STATEMENT f&' CUM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces to paint the tail track area of the Marquette ore dock beginning
May
26, 1980.
(2) Because of the aforesaid violation, each Bridge and Building
employs furloughed at the close of work on July 25,
1980
be allowed one
day's pay at his respective straight-time rate for each day on which outside forces performed the wo
OPINION OF HOARD: This dispute concerns the (terrier's employment of as
outside contractor in
1980
to paint the outer end of
its Marquette ore dock instead of assigning such work to Bridge and Building
Painters.
The Board notes that the principal basis of the Organization's
argument rests on the assertion that Bridge and Building Painters painted
the inner end of the ore dock in
1979·
The (terrier vigorously denies this
assertion and states that the
1979
work was performed by the same outside
contractor who was employed in
1980.
There is no support for the Organization's assertion. As can best be determined from the record,
properly complied in
1979
with Rule
4,
concerning subcontracting notice requirements, in correspondence with the Organization.
There can be no finding that the work is
1980
was other than completion of work, subcontracted with proper notice, commenced in
1979.
In sum, the parties have not offered a sufficiently clear picture
of what actually transpired as to the work and discussions thereon for the
Board to make any analysis that rule violation occurred.
F EOEZGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
.-
Award Number 24157
Docket Dumber AIw-21+19
Page 2
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 is barred.
Claim dismissed.
ATTEST: Acting Executive Secretary
A W A R D
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
BY
Rosemarie Breach - Administrative Ass Stan
Dated at Chicago, Illinois, this 15th day of February 1983.
