(1) The Agreement was violated when the

Carrier assigned outside forces

(Oberkramer Contracting) to perform track work (building a crossover and handling track material) in the vicinity of Mile Post 73 on the Sedalia Subdivision on August 19 and 20, 1989 (Carrier's File 890654 MPR).

(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 as required by 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, Foreman D. J. Kemper, Trackmen R. A. Bonnarens and J. B. Holtschneider shall each be allowed sixteen (16) hours of pay at their respective straight time rates."

Parties to said dispute waived right of appearance at hearing thereon.

Without prior notice to the Organization, the Carrier contracted with Oberkramer Contracting Co. to perform track construction work in connection with the building of a crossover between the north and south main line switches at Mile Post 73 on the Sedalia Subdivision, in the vicinity of Berger, Missouri. On August 19 and 20, 1989, employees of Oberkramer operated one dump truck and two backhoes hauling company materials such as tie plates, anchors, ties and rail, in addition to performing other basic track construction work.

The instant dispute was initiated by the organization on September 5, 1989, on behalf of the named Claimants in conjunction with the events referred to above.

The same transaction which produced this claim resulted in a companion claim decided by the Board in Third Division Award 29792. For reasons developed fully in that decision, the present claim also is sustained in part but no monetary damages are awarded.

A W A R D