Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29187
THIRD DIVISION Docket No. MW-28900
92-3-89-3-313
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:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise
permitted outside forces to rebuild the Radio Shack at 405 Division Street,
Elizabeth, New Jersey beginning April 4, 1988 (System Docket CR-3828).
(2) The Agreement was further violated when the Carrier did not give
General Chairman J. Dodd prior written notification of its plan to assign said
work to outside forces.
(3) As a consequence of the violations referred to in Parts (1)
and/or (2) above, furloughed B&B employes M. D. Gittens, E. Ralegi, J. J.
Reynolds, G. Sanchez, ?. Clark, P. Rivas, R. Roman, H. Trumpore, B. Cosby,
D. Tullo, B. Colon and J. Sullivan shall each be allowed pay at their
respective straight time and overtime rates for an equal proportionate share
of the total number of man-hours expended by the outside forces performing the
work identified in Par: (1) above."
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.
This dispute concerns the contracting to outside forces of the interior construction of a radio
New Jersey Division headquarters at Elizabethport, New Jersey. More than 15
days prior to the work 'being undertaken, the Carrier notified the General
Chairman whom it considered "involved" in the project, as required by the
Scope Rule, which reads in pertinent part as follows:
Form 1 Award No. 29187
Page 2 Docket No. MW-28900
92-3-89-3-313
"In the event the Company plans to contract out
work within the scope of this Agreement, . . . the
Company shall notify the General Chairman involved,
in writing, as far in advance of the date of the
contracting transaction as is practicable and in any
event not less than fifteen (15) days prior thereto
Pursuant to such notice, a conference was held with the General
Chairman. The Claim herein is on behalf of employees represented by another
General Chairman, and the Organization argues that the Carrier failed to meet
its contractual obligation to notify and confer with such General Chairman.
Reviewing the record, the Board is persuaded that the Carrier met its
obligation to notify the "General Chairman involved" and that the Carrier may
not be held in violation of the Scope Rule by its failure to notify a second
General Chairman.
The Organization nevertheless pursued its argument that the claimed
work, a portion of the construction project, should have been assigned to
Maintenance of Way forces. The Carrier points out, among other arguments,
that this construction project required the work of various crafts. In this
instance, the Board concludes that the Organization has provided insufficient
support for the contention that the Carrier was required to "piecemeal" a
portion of the work to `1aintenance of Way employees. Further, the Board does
not have before it any Claim from the General Chairman who was notified and
with whom a conference was held.
A W .A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.