Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29186
THIRD DIVISION Docket No. MW-28893
92-3-89-3-295
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:
(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 remodeling work on the n
floors of the 5500 Ferguson building at East Los Angeles, California, beginning on December 28, :987
(2) As a consequence of the afore-stated violation, Group 3 Bridge
and Building Subdepartment Carpenters W. E. Peacock, R. D. Lee, E. L. Baker
and T. Moreno shall each be allowed pay at their respective rates for an equal
proportionate share of the number of man-hours expended by the outside forces
performing the afore-described work beginning December 28, 1987 and continuing.'
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, "nds 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.
On October 19, :987, the Carrier served notice on the General
Chairman of its intention to have an outside contractor perform remodeling
work of its offices in East Los Angeles, California. After receiving a
response from the General Chairman which contended that the work should be
performed by maintenance of way forces, the Carrier nevertheless proceeded
to have the contractor perform the work. The Claim herein followed.
Upon review of the entire record, the Board finds that the circumstances herein are virtually id
Award 28610, involving the same parties. The reasoning in that Award is
Form 1 Award
No. 29186
Page
2
Docket
No. MW-28893
92-3-89-3-295
incorporated herein by reference. There is thus no need to discuss once again
the arguments set forth by the parties in this Claim. However, note is taken
of the many previous instances cited by the Carrier as to the performance by
outside contractors of similar work.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
. ncy J.~ - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April
1992.