Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29384
THIRD DIVISION Docket No. MW-29163
92-3-90-3-18
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 Company) to haul company material from Track $034
to the old locker room lot on May 13, 1987 [Carrier's File 013.31-320 (225)].
(2) The Carrier also violated Article IV of 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, Claimants J. Candillo, R. Candillo, T. O'Donnell, L.
Williamson, B. Rhodes, R. Green, M. Irwin, B. Shrout, J. E. Williams, R.
Cabrera, F. Aguilera, D. Lopez, S. Terrazas and H. Drone shall each be allowed
pay their respective rates for an equal proportionate share of the eight (8)
hours extended by the contractor performing the work identified in Part (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 Claim involves the use of a contractor's flatbed truck and
driver to transport company material from one location to another. The event
was a single occurrence. In Third Division Award 29252, involving these same
parties and the same issue as that before the Board here, the Claim of the
Organization was denied on the basis that all classes of employees, over the
years engaged in the work of unloading and receipt of company material for
their own work and that of other classes. The movement of company material
from one location to another, in the fashion followed here, is basically no
different. The Claim is without merit.
Form 1 Award No. 29384
Page 2 Docket No. MW-29163
92-3-90-3-18
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.