NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24306
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc. (former St. Louis-San Francisco
( Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when outside forces were used to repair
the roof of the Wheel Shop at Springfield, Missouri (System File A-8322/D-9976).
(2) As a consequence of the above, each member of the B&B gangs assigned
to Seniority District No. 1 during the claim period (October 13, 1979 through
December 5, 1979) be allowed an equal proportionate share of the six hundred
twenty-four (624) man-hours expended by outside forces."
OPINION OF BOARD: In the summer of 1979, it came to the attention of Carrier that
the roof on the Wheel Shop at Springfield, Missouri, was in need
of repair. On September 12, 1979, Carrier notified the General Chairman that it
intended to contract out the replacement of the roof on the Wheel Shop. The
required conference was held wherein the General Chairman made his case for doing
the work with Carrier forces. No agreement was reached and the work was contracted
out. The work was completed between October 16 and December 13, 1979.
Petitioner filed a claim contending that Carrier should have used
Carrier forces to replace the roof, since the work was traditionally and historically
performed by Maintenance of Way employes. Carrier contends that it did not have
the equipment required to do the job, its forces were all employed on other
projects, it had on numerous occasions in the past contracted out such work, and
Carrier forces did not have the required skills to install built up roofs.
This Board has carefully reviewed the record of this case and must
conclude that Carrier did not violate the Agreement in this instance. It gave
proper notice of its intent to subcontract. It presented valid reasons for
desiring to subcontract and it demonstrated that the Organization did not
traditionally and historically install built up roofs on Carrier property. Carrier
met the requirement of Rule 99 in this instance. The grievance is therefore denied.
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;
Award Number 25088 Page 2
Docket Number MW-24306
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Nancy J. v
-Erg
Executive Secretary
Dated at Chicago, Illinois, this 23rd day of October, 1984.