Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29021
 THIRD DIVISION Docket No. MW-28875
 91-3-89-3-282
 The Third Division consisted of the regular members and in
 addition Referee Herbert L. Marx, Jr. 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 Agreement was violated when the Carrier assigned outside forces to perform repairs and tests to the waste water lines from the main line fueling station at the Hump Yard in North Little Rock, Arkansas from October 20 through 24, 27 through 31, and November 3 through 7, 10 through 14, and 17 through 19, 1986 (Carrier;s File 870186).

 (2) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it did not notice of its intention to contract said work to outside forces.

 (3) As a consequence of the violation referred to in Parts (1) and/or (2) above, Assistant Water Service Foreman W. R. Bradford shall be allowed one hundred eighty-four (184) hours' pay at his respective straight time rate."

 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.

On specified dates in October and November 1986, the Carrier engaged an outside contractor to perform repairs and tests on the waste water lines at facilities at North Little Rock, Arkansas. The Carrier did not advise the Organization in advance concerning this undertaking.

 Because of the failure to provide notice and because the work is claimed to be "within the scope" of work covered by the Organization, the Organization seeks pay for the Claimant, a furloughed Assistant Water Service Foreman, for 184 hours, the time alleged to be involved by the outside contractor.

 Article IV-Contracting Out of the May 17, 1968 Agreement reads in pertinent part se follows:
 Form 1 Award No. 29021
 Page 2 Docket No. MW-28875
 91-3-89-3-282
 "In the event a carrier plans to contract out work within the
 scope of the applicable schedule agreement, the carrier shall
 notify the General Chairman of the organization involved in
 writing as far in advance of the date of the contracting
 transaction as is practicable and in any event not less than
 15 days prior thereto.



Among the defenses of the Carrier is the contention that the "general" Scope Rule does not provi perform the work in question. The exclusivity test, while significant in reference to assignment of work among various crafts and classifications, is not of direct application. On the property, the Organization pointed to a Memorandum of Understanding dated November 1, 1955, listing work of this nature to be "allocated" to Maintenance of Way forces. Other evidence of similar work performed by employees represented by the Organization were also presented.

 In its Submission, the Carrier provides a list of 139 projects given to outside forces over many years. The difficulty here, as pointed out by the Organization, is that this information, to the degree it is applicable, was not offered during the claim handling procedure and thus may not be considered by the Board.

 The underlying requirement of Article IV concerns the necessity of advance notice, which was not provided here. The Carrier does not convincingly argue that the work w requested by the Organization after notice.

 The Carrier argued that there was "no justification" for the claim in the amount of 184 hours. However, the Carrier failed to suggest what number of hours would be appropriate, in the event merit was found in the Claim.

 Based on the failure to give advance notice and the lack of proof that the work is clearly outside the Scope of the Agreement, the Claim must be sustained.
 Form 1 Award No. 29021
 Page 3 Docket No. MW-28875
 91-3-89-3-282




                          By Order of Third Division


Attest:
      -( Z 3~1

      Fancy J. v - Executive Secretary


Dated at Chicago, ?llinois this 28th day of October 1991.