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:
~difry J. v -.Executive S-e
Dated at Chicago, Illinois, this 21st day of January 1993.