(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned outside forces to repair the Roundhouse roof and to perform related work January 3, 1983 through February 11, 1983.

 (2) The Carrier also violated Appendix G (Article IV of the May 17, 1968 National Agreement) 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 violations, B&B Foreman A. W. McGhee, J. E. Weis and C. A. Becker and B&B Mechanics R. C. Carver, C. K. Leslie, T. W. Werkowitch, C. W. Dickerson, C. E. Stamey, G. G. Tester, J. B. Carver, J. H. Reed II and R. Carpenter shall each be allowed three hundred twenty-two hours of pay at their respective straight time rates."

 OPINION OF BOARD: On December 25, 1982, the roof of the Carrier's Roundhouse
 was severely damaged by fire. A conference was held on
 December 28, 1982, relating to this fire damage. Despite disagreement over
 the details exchanged, it is established by the record that the Carrier
 alerted the Organization it wished to repair the roof through the use of an
 outside contractor. Work apparently began on January 3, 1983, by the Jenkins
 S Blair Construction crew. The Organization argues the Carrier's action
 violated Rule 2, Classification of Work, which reserves the work of repairing
 and maintaining buildings or other structures to the Organization. The
 Carrier informed the organization on January 6, 1983, that the work in ques
 tion required special skills and experience plus special equipment not owned
 by the Carrier to meet Insurance Company recommendations. The Organization
 replied it had performed many jobs that were a lot more complex than the fire
 damaged roof. Subsequently, the Carrier provided the Organization with the
 recommendations of the Consulting Engineering Firm, Boyd, Brown, Stude S
 Cambern, which states:



                        Docket Number MW-25956


            In view of the dangerous conditions and the need for specific expertise in replacing the damaged members, we would suggest that you retain a competent contractor with experience in removing and replacing fire damaged structures."


Additionally, the Carrier told the Organization that B&B employes did not have the qualifications or experience to perform all phases of the overall project including the expertise required to restore the damage without causing damage to the remaining structure or injury to the workers. The Organization's reply rejected these assertions and claimed all B&B employes are experienced in repairing roofs and are very competent carpenters.

 It is evident from the record that the Carrier did not give notice to the Organization fifteen (15) days prior to contracting out the disputed work. Nevertheless, the Organization has not rebutted by substantial evidence the Carrier position that the extensive fire damage to the Roundhouse roof was a dangerous condition necessitating immediate repair. The Organization pointed to the fact that B&B employes cleaned up all the fire debris on the Roundhouse floor. This does not alter the Carrier's contention that a dangerous condition existed. U Carrier's efforts to communicate with the Organization were good faith attempts to provide the Organization with as much advance notice of the contracting out as the circu accordance with previous Board decisions, the Carrier has established justifiable reasons for failin Third Division Award Nos. 20158, 23203, 23578, and 24484.

 With respect to the actual work involved, Third Division Award 19552 involved the same parties and the contracting out of repair work to the roof of Union Station. Therein, the Board found the Agreement provisions to be clear and unambiguous and regardless of past practice, it held that the Organization had a right to position that the work involved was not the same as normally performed by members of the Organization. The Organization asserted its members had worked on jobs more complex than the fire damaged roof. This Claim is not supported by probative evidence relative to that issue. Our review of this matter causes the Board to conclude that the Organization has not met its burden of proof and has not established through evidence of probative value that the work of restoring an extensively fire damaged Roundhouse roof is reserved to the Organization by Agreement language or system-wide practice.

        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;

                        Award Number 26504 Page 3

                        Docket Number MW-25956


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.


                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:~
        Nancy er - Executive Secretary


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