Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27731
THIRD DIVISION Docket No. MW-27031
89-3-86-3-71
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(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 outside
forces to construct fence at Belen, New Mexico October 5 through October 31,
1984 (System File 160-A8-8431/11-1940-20-219).
(2) As a consequence of the aforesaid violation, furloughed B&B
Mechanics L. P. Grant, C. T. Gonzales, W. D. Kennedy, J. E. Frerichs, J. L.
McKinney and B&B Helpers T. J. Miner, D. J. Shetter, F. S. Apodaca, S. V.
Salazar and R. L. Bejar shall each be allowed pay at their respective rates
for an equal proportionate share of the three hundred (300) man-hours expended
by outside forces in performing the work referred to in Part (1) hereof."
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.
From October 5, 1984, to October 31, 1984, three employees of Valley
Fence Company constructed 1,350 feet of chain link fence on Carrier property
at Belen, New Mexico. The Organization claimed that the work in question was
work customarily and traditionally performed by Carrier maintenance of way
forces.
Carrier, on the other, has asserted that many fencing jobs on Carrier's property have been perfo
work is not work reserved exclusively to Carrier maintenance of way forces.
Form 1 Award No. 27731
Page 2 Docket No. MW-27031
89-3-86-3-71
This Board is again confronted with a case involving subcontracting
of work that Carrier's maintenance of way forces could most likely perform and
have performed many times. In spite of this fact, however, Carrier is not
barred from subcontracting the fencing work in question. While maintenance of
way forces have certainly built many fences on Carrier property, the general
Scope Rule contained in the agreement does not specifically name fence building as work reserved to
of projects where fences were built by outside contractors.
The Board takes note that Carrier did properly inform the General
Chairman of the intent to contract out the fence work.
While this Board has been supportive of the notion that Carrier
should attempt to use its own forces rather than contract out work, it cannot
find a basis in the instant claim for a sustaining award.
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 2nd day of March 1989.