((formerly Missouri Pacific Railroad Company)


    STATEMENT OF CLAIM: "Claim of the System Committee of the

    Brotherhood that: .


            (1) The Agreement was violated when the Carrier assigned an outside concern (Tweedy Contractors, Inc.) to perform brush cutting work along the right of way in the vicinity of Hecla, Kansas on August 12 , 13 , 14 , 15, 16 , and 17, 1990 (Carrier's File 910017 MPR).


            (2) As a consequence of the aforesaid violation, Foremen T. Banks and T. W. Cox, and Trackmen H. D. Brooks, D. T. Westerman, J. A. Reed, R. D. Abernathy, and J. D. Farren, shall each be allowed forty (40) hours' pay at their respective pro rata straight time rates of pay and thirty-two (32) hours' pay at their respective time and one-half overtime rates of pay."


    FINDINGS:


The Third Division of the Adjustment Board, upon the whole
 ' record and all the evidence, finds that:

    The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Form 1 Award No. 30166
 Page 2 Docket No. NW-30198
                                            94-3-91-3-646


On the dates and at the locations set forth in the claim, the Carrier contracted out to Tweedy Contractors, Inc., the work of cutting brush, weeds, and trees along with chemical treatment of all stumps within the cutting areas. This claim followed.


For the reasons set forth in Third Division Award 30162, this claim shall be sustained. For reasons further stated in that award, because Claimants were working (or were on paid vacation) on the dates set forth in the claim, no affirmative relief shall be granted.


                        A W A R D


      Claim sustained in accordance with the Findings.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


Attest:J
 Linda Woods - Arbitration Assistant

 Dated at Chicago, Illinois, this 26th day of April 1994.