NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25883
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it assigned excavating
and filling work in connection with a bridge construction project at Milepost
444.4 on the Illinois Division September 20, 1982 through October 6, 1982 to
outside forces (System File 210-10-831).
(2) The Carrier also violated Appendix No. 8 (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, Group 5 Machine Op-
erators David H. Ramsey, John D. Long, Bobby D. Buck, Paul G. LeBlanc, Lawrence
R. Foose, Robert D. Chowning, Jesse L. Alderman, Lindon E. Lawson, James C.
Scott, Richard D. Mayo, Roy B. Barnhart, Roland G. Davis, Gary W. Jones,
Donald L. Dummings, Terry L. Laney, Weldon J. White, James R. Cody, Gordon L.
Watts, Ronnie D. Morgan, Bruce E. Beaman, Mark A. Spain, J.
B.
Schell, Robert
F. Campbell, Charles A.
Reeves, Ty
R. Gibson,
Kelly C.
Platz, Lonnie L.
Salter, Loren R. Standley, George J. Penrod, Wm. Leroy Watts, Gary
B.
Carlile
shall each be allowed pay at their respective rates for an equal proportionate
share of the total number of man-hours expended by outside forces in performing the work referre
OPINION OF BOARD: On August 13, 1982, a bridge collapsed on Carrier's main
line as a result of high water. Carrier rented five earth
moving machines with an operator from a local contractor to help in the re
building of the bridge. Carrier also used its one available machine and oper
ator. Contractor machines and men were used from August 25 to October 6,
1982. During this period, all Carrier Group 5 Machine operators were fully em
ployed. On November 19, 1982, the General Chairman presented a Claim on be
half of 31 Claimants. He contended that the work was improperly assigned to
outside men and machines in violation of the Subcontract Rule of the Agree
ment. The Claim reads as follows:
"We present for your consideration a claim for
Group 5 Operators on the Eastern lines for work
done by contractor forces."
Carrier denied the Claim on the basis that it was vague, indefinite,
Award Number 26538 Page 2
Docket Number MW-25883
and did not specify what is claimed on behalf of each of the thirty-one Claimants. Carrier also
not required to give notice of contracting out to the General Chairman.
We find no basis for a monetary award in the instant case. While
Carrier was authorized to proceed under the authority of Appendix No. 8 of
Article IV of the May 17, 1968, National Agreement which includes the Letter
of Understanding dated September 28, 1956, sound labor relations would have
been served in this instance if Carrier officials had notified the General
Chairman of its intent to use outside men and machines.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois this 30th day of September 1987.