Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29254
 THIRD DIVISION Docket No. MW-29218
 92-3-90-3-90
 The Third Division consisted of the regular members and in
 addition Referee John C. Fletcher 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 Carrier violated the Agreement when it assigned outside forces (Bolser Services Company) to perform track and material hauling work on the Coal Main at Mile Post 2.8 on October 1 and 2, 1987 [Carrier's File 013.31-320 (256)].

 (2) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it failed to furnish the General Chairman with advance written notice of its intention to contract out said work.

 (3) As a consequence of the violations referred to in Parts (1) and/or (·2) above, Messrs. D. Lopez, J. J. Candillo, R. Candillo, T. J. O'Donnell, B. Shrout, J. Daniel, T. Evans, G. Gutierrez, J. E. Williams, L. Williamson, B. R. Rhodes, S. Terrazas, R. Cabrera, B. Cooper, H. L. Drone and J. Greenfeather shall each be allowed sixteen (16) hours of pay at their respective straight time rates and four (4) hours and forty-five (45) minutes of pay at their respective time and one-half rates."

 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.
Form 1 Award No. 29254
 Page 2 Docket No. l1W-29218
 92-3-90-3-90

 The arguments and evidence submitted by the Organization in this Docket are identical to those dealt with in Third Division Award 29253. In that Award the Board sustained the Claim on the basis that Carrier failed to provide the Organization with notice required under Article IV of the Hay 17, 1968 Agreement. However, the Board did not allow Claimants' compensation. That Award will be followed here.






Attest:
        ancy v r - Executive Secretary


Dated at Chicago, Illinois, this 12th day of June 1992.