Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26792
 THIRD DIVISION Docket No. MW-26725
 88-3-85-3-479
 The Third Division consisted of the regular members and in
 addition Referee Marty E. Zusman 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, without a conference having been held as required by the October 24, 1957 Letter of Agreement (Appendix 'F'), it assigned outside forces to perform right-of-way cleaning work at Waverly Yard in Holland, Michigan on August 1, 1984 (System File C-TC2158/MG-4840).

 2. Because of the aforesaid violation, Foreman T. Weaver and Machine Operator G. Bosch shall each be allowed eight (8) hours of pay at their respective straight time rat
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 instant dispute claims violation of the Agreement due to an outside contractor removing wast Holland Michigan on August 1, 1984. The Organization argues that among other Rules, the Carrier violated Rule 59(b) which reads in pertinent part:

Claim is that the Carrier did not advise the General Chairman on its intent to contract out the clean-up work prior to assigning a contractor as required by Appendix F and Article IV of the National Agreement.
 Form 1 Award No. 26792
 Page 2 Docket No. MW-26725
 88-3-85-3-479

 The Carrier argues on property that this work was not Maintenance of Way work as Track No. 12 is not a conventional yard track. The Carrier also contends that past practice has been to assign such work to an outside contractor at least once or t
As a preliminary point, the Claim before this Board has been amended from notice to conference. A conference was not discussed on property and is
arre from consideration at this time. However, as we stated in Third Division Award 26791 this "is essentially the same claim as handled on property and to that extent t forces in violation of the Agreement.

 To make a prima facie case the Organization must show with probative evidence that its work was contracted without notice. The record shows that Rule 59(b) reserves "cleaning right-of-way" to the employes. There is no dispute in the record that outside forces did clean up and remove waste from Track No. 12. There is nothing in the record where Carrier argues that said work did not occur on Carrier's right-of-way, but only that it was track assigned to the Car Department. There is nothing in the Agreement before this Board relevant to this distinction as to the assignment of track. The Organization has made its case
On merits the Claim must be sustained to the extent that no notice was given the General Chairman before this work went to outside forces. The Carrier maintains that removal of waste material was involved as well as clean-up and Carrier was not equipped for such work. That may well be the case, but the Agreement requires Maintenance of Way work to be done by Maintenance of Way Employes u Carrier is required to first give notice to the General Chairman of its intent. That is the central issue of the case at bar, and Carrier's failure to give notice is a violation of the Agreement Rules which are the subject of this Claim.

 As for compensation, the record indicates that the disputed work was done once or twice a year for ten to twelve years. It appears to have been past practice on the property. We are not persuaded by the Organization's arguments to the contrary. The Board will sustain the Claim, but without compensation. When the Carr valid due to acquiescence by the Organization, the Board must deny compensation (see Third Division Form 1 Award No. 26792
 Page 3 Docket No. MW-26725
 88-3-85-3-479




                          By Order of Third Division


Attest:
      Nancy J. e~df - Executive Secretary


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