NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29560
Docket No. MW-29013
93-3-89-3-438
The Third Division consisted of the regular members 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:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned
outside forces to perform grade crossing renewal work at
Mile Posts 654.0, 648 and 639 in the vicinity of Radium,
Seward and Hudson, Kansas on the Kansas Division on June
8 and 9, 1987 (Carrier's File 870919 MPR).
(2) The Carrier also violated Article IV of the May 17,
1968 National Agreement and the December 11, 1981 Letter
of Agreement when it did not give the General Chairman
advance written notice of its intention to contract said
work.
(3) As a consequence of the violations referred to in
Parts (1) and/or (2) above, Foreman W. E. Fisher and
Trackmen R. D. Smith, C. D. Jones, M. B. Ahne, K. R.
Fisher and D. L. Swafford shall each be allowed sixteen
(16) hours of pay at their straight time rates and pay at
their time and one-half rates for any overtime man-hours
worked by the contractor's forces on June 8 and 9, 1987."
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 employe 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 Award No. 29560
Page 2 Docket No. MW-29013
93-3-89-3-438
Parties to said dispute waived right of appearance at hearing
thereon.
This dispute concerns the Carrier's use of contractor forces,
as stated by the organization, "to patch road crossings with
blacktop material" at points in the Kansas Division on June 8 and
9, 1987. The same parties were involved in a virtually identical
dispute pertaining to the St. Louis Terminal on the same
commencement date. This was resolved in Third Division Award
28849, and the Board finds the reasoning therein fully appropriate
here. That is to say, prior notice to the General chairman is
required, and should be adhered to in the future. In view of the
Organization's failure to protest similar instances in the past,
however, no further remedy is appropriate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 9th day of March 1993.