Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28891
THIRD DIVISION Docket No. MW-29090
91-3-89-3-528
The Third Division consisted of the regular members and in
addition Referee Gerald E. Wallin when award was rendered.

(Brotherhood of Maintenance of Way Employes 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 (Independent Enterprise Contractors) to perform ditching and hauling work in connection with installing water lines on the Carrier's right-of-way at the Conway Yard beginning August 1, 1988 (System Docket MW-60).

(2) The Agreement was further violated when the Carrier failed to make a good-faith attempt to reach an understanding concerning said contracting with the General Cha
(3) As a consequence of the violations referred to in Parts (1) and/ or (2) above, Messrs. R. D. Smith, B. M. Putze, C. E. Nail, A. J. Barkett, D. L. Malter, J. P. Honeman, R. E. Ribet, M. K. Ryan, J. M. Federinko, F. C. Seece, Jr., R. A. Tyborowaki, J. E. Slike, C. E. Schweiger, R. M. Bartoletti, J. D. Jenkins, W. E. Reigh, D. D. Shura, J. Ruggiero and M. W. Barkley shall each be allowed pay at their respective rates for eight (8) hours a day, six (6) days per week beginning August 1, 1988 and continuing until the violation is corrected."

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.

The basic facts are not in dispute. Carrier properly gave notice of its intent to contract out the replacement of some 9,000 feet of water main and related plumbing in the Hump area of its Conway, Pennsylvania yard. Discussion was held between certain specialized boring equipment, it claims, in essence, that the ditch
Form 1 Award No. 28891
Page 2 Docket No. MW-29090
91-3-89-3-528

digging and related excavation portions of the project should have been performed by Carrier forces.
After reviewing the record, and in keeping with our prior decisions regarding specialized skills, specialized equipment and carving up the work under similar circumstances, this Board cannot find sufficient evidence to support the contention that the Agreement has been violated. Therefore the Claim is dismissed for lack of proof.








Attest:
        cy J er - Executive Secretary


Dated at Chicago, Illinois, this 30th day of July 1991.