Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29476
THIRD DIVISION Docket No. MW-2902
93-3-89-3-455

The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.

PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

(Brotherhood of Maintenance of Way Employes

(Union Pacific Railroad Company (former Missouri
Pacific Railroad Company)

the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside forces (Henderson's Home Improvement) to construct a new scale house at Van Buren Yard, in Van Buren, Arkansas, beginning May 30, 1988 (Carrier's file 880372 MPR).

(2) The Carrier also violated Article IV 1968 National Agreement when it did not give the advance written notice of its intention to contract

of the May 17, General Chairman said work.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Bridge and Building Sub-department employes, J. A. LaFon, A. L. Howell, J. C. Boyer, C. W. Creekmore, J. W. Penrod, J. H. Duggin and G. J. Durst shall each be allowed pay at their respective races for an equal proportionate share of the total number of man-hours expended by outside forces 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 carrie

involved in this d within the meaning 1934.


or carriers and the employs or employes

ispute are respectively carrier and employes of the Railway Labor Act as approved June 21,

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were waived right hearing thereon.

of appearance at
Form 1
Page 2

Award No.
Docket No. MW-290
93-3-89-3-455

This Claim concerns to construct a scale house, provide advance notice to the

the Carrier's use of contractor forces
as well as the Carrier's failure to

Organization.

practice and 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.


Particularly as

to long-established

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


Attest:


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