(1) The Agreement was violated when the Carrier used outside forces to perform building remodeling work in the third floor elevator lobby of the Omaha Headquarters Building on January 31 through March 8, 1989 (System File S-168/890471).

(2) The Agreement was further violated when the Carrier did not give the General Chairman proper and timely advance written notice of its intention to contract out the. work involved here, in accordance with Rule 52 and the December il, 1981 Letter of Agreement.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, B&B Carpenters T. E. Danahy and E. C. Sorensen shall each be allowed two hundred sixteen (216) hours at their straight time rate of pay."

Form 1 Award No. 30198

Page 2 Docket No. MW-29392

94-3-90-3-318

At issue here is Carrier's decision to subcontract construction and repair of the third floor elevator lobby of the Omaha Headquarters Building. The work commenced on January 31, 1989, and was performed by the Linwald Construction Company. Carrier refers to the work as remodeling. In its Submission, the organization describes the work as stripping and removing old ceiling, wallpaper, woodwork, framing new walls and ceiling columns: installing a new ceiling, drywall, and woodwork. The organization points out that while notice was given, it was not given within the proper time limits outlined in the Agreement.

Based upon Carrier's extensive list of the subcontracting of projects over the years, this Board is not convinced that the type of work being done (that is, the remodeling of an office building) is the type of work that has customarily been performed by employees covered by the parties' Agreement. While there is no dispute that they have done such jobs on occasion--and in fact did so on the current project--there is insufficient evidence that they did so to such a degree as to say that the work was performed on a customary, historical, or traditional basis. Thus, it does not fall within the purview of Rule 52.

AWARD