NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number HW-26297
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces to clean right-of-way on the Holly Secondary at Altoona, Pennsylvania
beginning September 26, 1983 (System Docket CR-582).
(2) As a consequence of the aforesaid violation, Machine Operator
S. J. Kurchin shall be allowed pay at the Class 2 Machine Operator's rate, for
an equal number of hours expended by outside forces in performing the work
referred in Part (1) hereof beginning September 26, 1983."
OPINION OF BOARD: This Board has been presented with a number of Claims
involving the subcontracting of Maintenance of Way work to
outside forces. In reviewing and rendering Third Division Award No. 26314
(with Dissent by Carrier Members), we explained in detail the Board's position
on use of outside forces. The rationale that applied to that case shall also
be applied in this instance. We see no reason to repeat our presentation from
Third Division Award 26314. We will apply the same concept of 50 percent
liability for furloughed claimants in this case as we did in Third Division
Award No. 26314.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
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 26480 Page 2
Docket Number MW-26297
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D v - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.