Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26935
THIRD DIVISION Docket No. MW-26399
88-3-85-3-131
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces to cut brush on the Oasis Branch and in the vicinity of Sharonville and
Middletown beginning September 6, 1983 (System Docket CR-677).
(2) The Carrier also violated the 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, Messrs. N. Reed,
G. T. Henderson, G. Nicoles, E. Richie and V. Castellucio shall each be
allowed pay at the Class 3 machine operator's rate for an equal proportionate
share of the total number of man-hours expended by outside forces."
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 employes 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.
Parties to said dispute waived right of appearance at hearing thereon.
This is essentially a dispute over contracting out, wherein the
Organization claims the work performed by an outside contractor who was used
by the Carrier to cut brush.
At the outset, the Board observes that the Organization has presented
a wealth of material to this Board, none of which was presented on the property. As an appellate bod
Form 1 Award No. 26935
Page 2 Docket No. MW-26399
88-3-85-3-131
Turning to the evidence developed on the property, while we would
prefer to address the substantive issue presented by the Organization, we are
also constrained in that regard because the claim lacks the required specificity. The Board has held
all essential elements of a claim rests with the moving party. In this case,
we do not have sufficient detail as to the number of contract employees involved, the specific type
specificity.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
anZcdvMJ . p- Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.