(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Consolidated Rail Corporation

(1) The Carrier violated the Agreement when it assigned ditch cleaning and brush removal work on the Allegheny Division to outside forces September 6 to October 17, 1983 (System Docket CR-581).

 (2) As a consequence of the aforesaid violation, Machine Operator H. A. Brown shall be allowed two hundred sixty-four (264) hours of pay at the Class 2 machine operator's straight time rate."

 OPINION OF BOARD: This Board has been presented with a number of Claims in
 volving 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 those Claimants who were furloughed 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



        Claim sustained in accordance with the Opinion.

                      Award Number 26545 Page 2

                      Docket Number MW-26298


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
      Nancy J.,B v - Executive Secretary


Dated at Chicago, Illinois this 30th day of September 1987.