NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26481

THIRD DIVISION Docket Number MW-26299

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 Agreement was violated when outside forces were used to construct a fence at Mt. Pleasant, Delaware on August 25, 26 and September 1 and 2, 1983 (System Dockets CR-603, 604, 605 and 606).

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

(3) Because of the aforesaid violations, B&B Foreman B. J. Maylie and B&B Mechanics D. C. Stanton, F. F. Guzzetti and W. A. Stanowski shall each be allowed thirty-two (32) hours of pay at their respective straight time rates."

OPINION OF BOARD: This Board has reviewed the facts of this case and concludes
that since all Claimants were under pay during the perioa
of the Claim, a monetary Award in this instance will be denied. We also take
note that the site involved in the fencing job was property that was leased by
Carrier to another company.

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 not violated.

Award Number 26481 Page 2

Docket Number MW-26299

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

'Nancy J. D v - Executive Secretary

Dated at Chicago, Illinois, this 9th day of September 1987.