Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30202
Docket No. MW-29856
94-3-91-3-230
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO THE DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that
(1) The Agreement was violated when the Carrier
assigned or otherwise permitted outside forces
(Broken Circle Cattle Company of Evanston,
Wyoming) to construct and repair right of way
fence between M.P. 895.50 and M.P. 897, near
Spring Valley, Wyoming and between M.P. 903
and M.P. 907.25, near Altamont, Wyoming
beginning November 6, 1989 and continuing
(System File S-255/900222).
(2) The Agreement was further violated when the
Carrier failed to timely furnish the General
Chairman with proper advance written notice of
its intention to contract out said work.
(3) As a consequence of the violations in Parts
(1) and/or (2) above, Bridge and Building
Subdepartment employes J. Medina, N. H.
Trujillo and I. Caro shall each be allowed pay
at the B&B laborer's rate for an equal
proportionate share of the total number of
manhours expended by the outside forces
performing the work in Part (1) above."
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.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award No. 30202
Page 2 - Docket No. MW-29856
94-3-91-3-230
At issue in this Claim is the work of repairing and
constructing right-of-way fence near spring Valley and Altamont,
Wyoming, commencing in November 1989. The Organization contends
that the work rightfully belongs to its members and that it was
contracted out erroneously by Carrier in violation of Rule 52 and
related provisions of the parties' Agreement.
As in Third Division Award 30201, a companion case, the
organization failed to produce probative evidence of subcontracting
by Carrier to the rancher in question, who had leased property from
carrier. Absent this evidence, there is no basis on which to
sustain this Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Lind Woods - Arbitration Assistant
Dated at Chicago, Illinois, this, 8th day of June 1994.