(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Northeast Illinois Regional Commuter Railroad Corporation (Former Chicago, Rock Island & Pacific Railroad Company)

(1) The Carrier violated the Agreement when it assigned outside forces to perform track welding and grinding work at Blue Island, Illinois, May 16, 1983 through July 28, 1983. (System File NIRCRC-P-749).

 (2) The Carrier further violated the Agreement when it did not give the General Chairman prior notification of its plan to assign said work to outside forces.

 (3) The senior welder, welder helper and the three (3) senior laborers listed on the appropriate expended by outside forces in performing the work referred to in Part (1) hereof."

 OPINION OF BOARD: This dispute arose after the Carrier contracted with out
 side forces to perform track welding and grinding work at
 Blue Island, Illinois. The Organization essentially contends the contracted
 work is of the character that traditionally, customarily and historically has
 been performed by its craft. Moreover, it submits that the Carrier contracted
 with an outside firm to perform the work in question without prior notifica
 tion to the Organization's General Chairman pursuant to the parties' October
 31, 1978 Memorandum of Agreement.

 It is undisputed that the Carrier failed to provide the proper written notification. Accordingly not doing so, we cannot agree that its failure to properly notify the Organization was not a breach
With respect to the remedy requested in Part 3 of the Claim before us, we concur in the general holding that where Claimants are fully employed and no loss of earnings has been demonstrated, no monetary damages may be awarded. In the case before us, it is not clear whether the Claimants were on furlough or fully employed. Accordingly, it is the intent of this Award, based on the Carrier's records, to make the Claimants whole and they are to be compensated for any period that they were furloughed (if such is the case)
                    Docket Number MW-26010


during the time frame that the outside forces worked during the period from May 16, 1983 through July 28, 1983.

        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. v -Executive Secretary


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