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.
Parties to said dispute waived right of appearance at hearing thereon.
At issue in this claim is the subcontracting of a roofing project in North Platte, Nebraska, on seven days between April 14 and 21, 1989. The Diesel Shop roof was repaired, using a spray-on fibered aluminum coating. The General chairman received timely notice of the project and a conference was held.
As in Third Division Award 30100, a case involving the same parties and Agreement language, we find that the record reveals a Form 1 Award No. 30101
mixed practice of Carrier's undertaking roofing work utilizing its own maintenance of way employees and outside contractors.
In the instant case, based on the record before us, we find that there is sufficient evidence that the Carrier was not adequately equipped to handle the work in this instance. Thus, the requirements of Rule 52 were met.