NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25149
Thomas F. Carey, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated Appendix 8 (Article IV of the May 17, 1968
National Agreement) when, without prior notification to the General Chairman,
it assigned work of the Maintenance of Way and Structures Department in the
vicinity of Pueblo, Colorado to outside forces (System File 210-400.A8-8121/111940-20-152).
(2) Because of the aforesaid violation, Machine Operators G. J.
Penrod and T. L. Laney shall each be allowed pay at their respective rates for
an equal proportionate share of the man-hours expended by outside forces
beginning sixty (60) days retroactive from July 22, 1981."
OPINION OF BOARD: This dispute resulted when an outside firm was given work
to move and shape earth in order to build roads and
shoulders along the right-of-way between Pueblo and Pinon, Colorado. According
to the record the claimant contends this work was contracted out without
advance notice as required under Article IV of the May 17, 1968 National
Agreement. Although the Carrier contends that the work was given out because
they did not own equipment large enough to do the job, it has been held in
other Third Division cases that this is not in itself sufficient reason to
avoid giving notice as required in the Article. See Third Division Award No.
24484.
In that Award Referee J. P. Sirefman, held that:
"Although the Carrier offers a variety of reasons for not giving
notice,
...
the Article requires that some notice be furnished to
the organization."
Claimants' petition for pay due to the failure of the Carrier to
provide notice is denied since Claimants were fully employed and lost no
earnings. In Award No. 23578 Referee J. B. LaRocco held that: .
"A long line of Third Division Awards precludes us from providing
the Claimants with pecuniary relief where they have not proved loss
of work opportunity or loss of earnings due to the Carrier's failure
to tender the required notice
...."
This Board restates that the Carrier had an obligation to furnish
the mandated notice, but the claim for monetary relief is denied.
Award Number 25007 Page 2
Docket Number MW-25149
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
o
That the Agreement was violated.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy Y. Dprer - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.