Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26784
 THIRD DIVISION Docket No. MW-26244
 88-3-84-3-664
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

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 (Donald Millious Construction Company) to completely refurbish road crossings at Albany, New York on July 18, 19, 20, 21, 22, 25, 26, 27 and 28, 1983 (System File 5.84).

 2. The Carrier also violated 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. Furloughed Equipment Operator K. Wetsell shall be allowed seventeen (17) hours of pay at the
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The Organization contends that the Carrier violated Article IV of the May 17, 1968 National Agreement when it failed to notify the General Chairman of its plans to contract out work to refurbish certain road crossings at Albany, New York.

 We agree with the Organization. In this respect, we particularly give weight to the fact that at no time on the property did the Carrier come forth with a substantive rebuttal which addressed the essence of the Organization's Claim. According unchallenged and, therefore, are accepted as fact.
 Form 1 Award No. 26784
 Page 2 Docket No. MW-26244
 88-3-84-3-664

 In recognition of the fact that that portion of its Claim covering the period of July 18 through July 26, 1983, inclusive was untimely, the organization amended its Cl Human Resources to request seventeen (17) hours of pay at the Equipment Operator's rate for July 27
Given the state of the record as developed on the property, Claimant shall be allowed the remedy as requested in Item 3 of the Statement of Claim.




                            By Order of Third Division


Attest:
        Nancy J. er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of January 1988.