Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29256
THIRD DIVISION Docket No. MW-29220
92-3-90-3-92
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:
(Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Dean Bolser Trucking) to perform basic track work on Track 035 at the
KCS Roundhouse on July 21, 22, 23 and 24, 1987 [Carrier's File 013.31-320
(240)].
(2) The Agreement was further violated when the Carrier failed to
furnish the General Chairman with advance written notice of its intention to
contract out said work as required by Article IV of the May 17, 1968 National
Agreement.
(3) As a consequence of violations referred to in Parts (1) and/or
2) above, Messrs. R. Cabrera, J. Greenfeather, R. Green, B. Shrout, R. Garcia,
M. Irwin, L. Williamson, B. Cooper, F. Aquilera and D. Lopez shall each be
allowed thirty (30) hours of pay at their respective straight time 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.
Parties to said dispute waived right of appearance at hearing thereon.
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 May 17,
1968 Agreement. However, the Board did not allow Claimants' compensation.
That Award will be followed here.
Form 1 Award
No.
29256
Page 2 Docket
No.
MW-29220
92-3-90-3-92
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy ver - Executive Secretary
Dated at Chicago, Illinois, this 12th day of June 1992.