Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
29038
THIRD DIVISION Docket
No.
MW-28638
91-3-88-3-488
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when outside forces were used to
perform painting work, i.e., preparation of surface, mixing, blending, sizing
and applying of paint, to Room 1200 of the Headquarters Building at Omaha,
Nebraska, beginning September 27, 1987 (System File 5F-52-19/871048).
(2) As a consequence
of
the afore-stated violation, Group 5 Bridge
and Building Subdepartment Painters L. A. Schaber, Jr., T. M. Conn, W. J.
Crawford, R. J. Cronican and T. M. Abboud shall each be allowed pay at their
respective rates for an equal proportionate share of the man-hours expended by
the outside forces performing the afore-described work beginning September 27,
1987 and continuing."
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.
In the case at bar, the Carrier notified the Organization by letter
dated June 11, 1987, of its intent to contract out the remodeling of an office
at Omaha. The dispute involves the Organization's position that the work
belongs to the employees and may not be contracted out without meeting the
conditions of Rule 52.
Form 1 Award No. 29038
Page 2 Docket No. MW-28638
91-3-88-3-488
The jurisdiction of the disputed work has been the focus of numerous
cases on this property. A thorough review of the instant facts and the particulars of those numerous
this case and past Awards (Third Division Awards 28850, 28558, 28619, 28623,
28622, 28789). We do not find evidence of record that the Carrier is engaging
in anything new. The work of preparation, mixing, blending, sizing and painting is work that the Car
fifty times during a period of over sixty years.
We have reviewed the history of this practice on this property. The
merits of the instant case also are nearly exact to the facts and record
already studied by the Board in Third Division Award 29037. It is documented,
long-standing, and under the applicable language of the Agreement not work
that can now be claimed as customarily performed within the Scope of the
Agreement (Third Division Award 28610). We find no Rule violation by the
Carrier.
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 28th day of October 1991.