Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29475
 THIRD DIVISION Docket No. MW-2902E
 93-3-89-3-447
 The Third Division consisted of the regular member and in
 addition Referee Herbert L. Marx, Jr., 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:

(1) The Agreement was violated when the Carrier assigned outside forces (Overcramer Contractors) to perform Maintenance of Way work (recovering track ties, rails and plates) in the vincinity of Mile Post 13 in Kirkwood, Missouri from January 25 through 29, 1988 (Carrier's File 880270 MPR).


(2) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it failed to notify the General Chairman in writing of its intention to contract out said work.


(3) The Agreement was further violated and the claim* as presented by the General Chairman on March 24, 1988 to Superintendent K. C. Packard should be allowed as presented because Superintendent Packard failed to disallow the claim in accordance with Rule 12, Section 2(a).


(4) As a consequence of the violations referred to in Parts (1) and/or (2) and/or (3) above, Messrs. E. Prewitt, 0. Rivers and M.Williams shall each be allowed forty (40) hours of pay at their respective straight time rates.


*The initial claim will be reproduced within our initial submission."


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.

Form 1
 Page 2

 Parties hearing thereon.

 This Claim to perform backhoe

 to

 said dispute

 waived

 concerns the Carrier's and hauling work in

 project undertaken by Carrier forces
 failure to provide advance notice to the

 Particularly as to

 Award No. 29475
 Docket No. MW-29C
 93-3-89-3-447

 right of appearance at

 use of contract employees connection with a track

 as well as the Carrier's
 Organization.

 long-established practice an d the

Organization's previous failure to protest, this dispute is parallel to that reviewed in Third Division Award 29474 which in turn relied on Third Division Award 28849. Those Awards directed the Carrier to provide notice to the Organization, without sustaining the monetary portion of the Claims. Since the dispute here under review was initiated in 1988, well before the issuance of Award 28849, no purpose is served in repeating the direction to the Carrier.


With this finding, the the Organization's contention timely response to the Claim am

 Claim was not initially filed with the proper Carrier official.

 Board need not undertake review of
 that the Carrier failed to make a
 the Carrier's contention that the

 A W A R D
Claim dented.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


Attest:

Dated at Chicago, Illinois, this 21st day of January 1993.