NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25430
Eugene T. Herbert, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces to perform earth moving work in
connection with
installing a culvert at
Rocky (System File D-9-82/NW-14-82).
(2) The carrier also violated Article IV of the National Agreement
of May 17, 1968 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 violation, Machine Operators
J. R. Carlson and T. E. Caviness shall each be allowed pay at their respective
rates for an equal proportionate share of the total number of man-hours expended
by outside forces beginning sixty (60) days retroactive from May 10, 1982.
OPINION OF BOARD: A review of the record in this case clearly establishes that
Carrier failed to give notice to the General Chairman of the
Organization of Carrier's ·plan to contract out work within the scope of the
applicable schedule agreement' in violation of Article IV of the May 17, 1968
National Agreement.
Claimant established to the satisfaction of the Board that culvert
installation work is normally cork within the Scope of the Schedule Agreement
between the Parties.
The Board finds, however, that Claimant has failed in this case to
prove a specific loss of work opportunity or loss of earnings resulting from
the Carrier's failure to tender the required notice. Accordingly the claim for
monetary relief must be 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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
Award Number 25447 Page 2
Locket Number MW-25430
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
i
Attest: i
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.