Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29385
THIRD DIVISION Docket No. MW-29164
92-3-90-3-19
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 (Bolser Services Company) to transport track materials and repair road
crossings at track 11500 and track $030 in Kansas city, Kansas on August 20 and
21, 1987 [Carrier's File 013.31-320(247)).
(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, Claimants D. Lopez, J. Candillo, R. Green, B. Shrout, B.
Cooper, T. O'Donnell, F. Aguilera, A. Guzman, B. Rhodes, L. Williamson, S.
Terrazas, J. Williams, H. Drone, M. Irwin, G. Guiterrez and R. Candillo shall
each be allowed sixteen (16) 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.
There are two elements of work involved in this Claim. One is the
transporting of ties from a storage point to the point of use. The other is
the use of a contractor's backhoe and operator to assist a crew working on a
road crossing.
Form 1 Award No. 29385
Page 2 Docket No. MW-29164
92-3-90-3-19
This Board is of the view that transporting of Company material from
one location to another is work which the Organization cannot claim is theirs
under the Agreement. In Third Division Award 29252 the Board concluded that
handling of Company material was work that all classes of Carrier employees
performed over the years. Accordingly, that aspect of this Claim is denied.
With respect to use of a contractor's equipment and forces assisting
Carrier's maintenance forces on grade crossing renewal, the Board has previously held that notice mu
National Agreement. See Third Division Award 29253. Accordingly, it is
necessary to hold that the Agreement was violated when notice was not given.
This Claim, is a contemporary claim to that involved in Award 29253, the violation here occurred on
occurring on November 11, 1987. Thus, the rationale in the last two paragraphs of the Findings in Aw
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: 6;z"Nancy J.`DqgKr - Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.