Eckehard Muessig, 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 subgrade work between Rubideau and Huff on the North Fork Branch beginning on December 19, 1982 (System File D-7-83/MW-21-83).

 2. Because of the aforesaid violations, Rock Subdepartment employes P. Holland, M. McCoy, R. Wyckoff shall each be allowed pay at their respective rates for an equal proportionate share of the man-hours expended by outside forces in preparing, drilling, blasting and scaling beginning on December 19, 1982."

 OPINION OF BOARD: This is a "contracting-out" dispute which came about after
 the Carrier assigned outside forces to perform work on its
 grades commencing on December 19, 1982. The Organization contends that this
 work is reserved to its forces. It asserts that the Carrier violated Rules 1,
 2, 3 and 4 of the parties' Agreement and particularly Article IV of the May
 17, 1968, National Agreement as well as the Letter of Agreement, dated Decem
 ber 11, 1981.

 The Board notes that the key issues and the relevant events leading to this Claim are identical to those resolved in previous Awards, covered by the identical Agreement language and issues. (See Third Division Awards Nos. 25677, 25141 and 25103.)

 This Board again associates itself with the position that resolution of disputes between the same parties concerning the same basic issues and Rules should not be disturbed unless it is determined that the initial Award(s) were palpably erroneous. We do not so find here. Accordingly, the Claim is sustained in the same manner as was done in Third Division Award 25677:

          "Claim for each named Claimant is sustained for wage loss suffered, i.e., the named Claimant's proportionate share of time when added to his straight-time compensable time for period involved shall be limited so as not to exceed the total of his normal compensable time."

                      Award Number 26375 Page 2

                      Docket Number MW-25958


        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.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      Nancy J. ever - Executive Secretary


Dated at Chicago, Illinois, this 25th day of June 1987.