Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29387
 THIRD DIVISION Docket No. MW-29166
 92-3-90-3-23
 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:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when the Carrier assigned outside forces (A. K. Gillis) to perform basic track work in the vicinity of Mile Post 554 on the south end of Deramus Yard on June 4, 1987 [Carrier's File 013.31-320 (231)].

 (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 in accordance with Article IV of the May 17, 1968 National Agreement.

 (3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Messrs. A. E. Walters, J. Davenport, J. Jackson, J. R. Moore, 0. P. Turner, P. Stratton, J. Baylor, Jr., R. Snell, A. L. Bell and R. Hatcher shall each be allowed eight (8) 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.

The arguments and evidence submitted by the Organization in this Claim 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 the notice required under Article IV of the May 17, 1968 Agreement. However, the Board did not allow Claimant's compensation. That Award will be followed here.
 Form 1 Award No. 29387
 Page 2 Docket No. MW-29166
 92-3-90-3-23






Attest:
        Nancy J. 9 -Executive Secretary


              1*01 Dated at Chicago, Illinois, this 17th day of September 1992.