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:
(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 (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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
cy J er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1991.