Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29305
THIRD DIVISION Docket No. MW-29309
92-3-90-3-215
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside
forces (Barkus Construction Company) to rebuild the bridge at Mile Post 296.2
in the vicinity of ';olcott, Kansas on the Old Omaha Subdivision on October 31,
November 1, 2, 3, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23 and
28, 1988 (Carrier's File 890024 MPR).
(2) As a consequence of the aforesaid of the violation, B68 employes
R. D. Dorssom, B. R. Eaton, W. B. Dennis, W. L. Seager, J. L. Fuemmeler shall
each be allowed:
'***eight (8) hours per day, all overtime and
Holiday pay, an extension of Seniority rights per
our rule 2. (j), and any additional expense incurred that would normally be provided by benefits
paid by the Carrier. The claim dates are October
31, and November 1, 2, 3, 7, 8, 9, 10, 11, 12, 14,
15, 15, 17, 18, 19, 21, 22, 23, and 28, 1988. "'
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.
On August 29, 1988, Carrier notified the Organization of its intent
to subcontract bridge work near Wolcott, Kansas, on the Old Omaha Subdivision.
The work was ultimately subcontracted. The Organization maintains that it
Form 1 Award No. 29305
Page 2 Docket No. ,'MW-29309
92-3-90-3-215
was work that is clearly encompassed within the Scope of this Agreement and
which has been customarily and historically performed by Carrier's forces. It
believes that Carrier acted in bad faith in making the decision to have the
work performed by other than Carrier forces.
The incident that gave rise to this Claim is in many ways similar to
that which this Board considered in Third Division Award 29303. In that case,
we reviewed the threshold issue of whether concrete bridge work, in the words
of the Organization, "accrues specifically" or is reserved to B&B Department
employees. We concluded in that instance that because of past history on the
property, Carrier was not barred from subcontracting such work, utilizing the
proper procedures outlined in the National Agreement. We so hold in the instant dispute.
Notice was provided the General Chairman. The Organization, however,
ha.i raised a questi:)z about its sufficiency. The record reveals that a conference was held on the
offered the Organization an opportunity to explore the matter in full.
Based upon a complete review of the record, this Board is unable to
find sufficient evi-'ence to sustain the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Z
y J. -Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.