Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29258
THIRD DIVISION Docket No. MW-28184
92-3-87-3-847
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces to perform clearing, grubbing and hauling work on the right-of-way from
16th Street to the Signal Bridge at 23rd Street on both sides of Main Lines 4
and 5 at Chicago, Illinois, beginning August 4, 1986 (System File NIRCRC-0541/OS-3.3-67).
(2) The Agreement was further violated when the Carrier did not give
the General Chairman prior written notification of its plan to assign said
work to outside forces.
(3) Because of the violations referred to in Parts (1) and/or (2)
above, Track Foreman J. Jachna, Assistant Track Foreman R. A. Lopez, Trackmen
C. Spencer and J. Johnson and Machine Operators R. T. Hooker, Jr., J. Alvarez
and L. Alvarez shall each be allowed fifty-six (56) hours 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.
Parties to said dispute waived right of appearance at hearing thereon.
The Board finds that the Carrier violated the Agreement by contracting out the work in dispute.
the remedy. After reviewing the record in its entirety, we find that the
issue can best be resolved by directing the parties, within a reasonable
period from the date of the issuance of this Award, to check Carrier's records
to verify the number of hours that outside forces were used to perform the
work at issue. The named Claimants shall be entitled to compensation based on
the total number of hours actually worked by the outside contractor in the performance of the
Form 1 Award No. 29258
Page 2 Docket No. MW-28184
92-3-87-3-847
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ec - Executive Secretary
Dated at Chicago, Illinois, this 12th day of June 1992.