Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 30264
 Docket No. MW-30173
 94-3-91-3-617

 The Third Division consisted of the regular members and in addition Referee Hugh G. Duffy when award was rendered.
PARTIES TO DISPUTE:

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

Brotherhood that:


          (1) The Agreement was violated when the Carrier assigned outside forces (Marlatt Contracting) to perform weed mowing work on the Concordia Subdivision at Mile Post 408.8, Frankfort, Kansas, Mile Post 425.6, Blue Rapids, Kansas, and Mile Post 430.5, Waterville, Kansas, on August 6, 7, 8, 9, 10 and 11, 1990 (Carrier's File 910002 MPR).


          (2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with proper advance written notice of its intention to contract out said work as required by article IV of the May 17, 1986, National Agreement.


          (3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Omaha Division Machine Operator J. L. Hardenberger shall be allowed eight (8) hours' pay at the applicable machine operator's rate of pay plus any overtime worked by the outside forces on the days listed 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 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.
 Form 1 Award No. 30264
 Page 2 Docket No. MW-30173
                                            94-3-91-3-617


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


After first serving notice on the Organization of its intent to subcontract, the Carrier proceeded to utilize an outside contractor to cut brush at various locations on the Concordia Subdivision. The organization contends that this work has been customarily and traditionally assigned to and performed by its members, and that the Carrier violated Article IV of the National Agreement when it contracted out the work.


Article IV of the National Agreement is pertinent to a resolution of this dispute, and reads as follows:


      " ARTICLE TV - CONTRACTING OUT


        In the event a carrier plans to contract out work within the scope of the applicable schedule agreement, the carrier shall notify the General Chairman of the organization involved in writing as far in advance of the date of the contracting transaction as is practicable and in any event not less than 15 days prior thereto.


        If the General Chairman, or his representative, requests a meeting to discuss matters relating to the said contracting transaction the designated representative of the company shall promptly meet with him for that purpose. Said Company and organization representatives shall make a good faith attempt to reach an understanding concerning said contracting but if no understanding is reached the Company may nevertheless proceed with said contracting and the organization may file and progress claims in connection therewith.


        Nothing in this Article IV shall affect the existing rights of either party in connection with contracting out. Its purpose is to require the carrier to give advance notice and, if requested, to meet with the General chairman or his representative to discuss and if possible reach an understanding in connection therewith."

Form 1 Award No. 30264
 Page 3 Docket No. MW-30173
                                            94-3-91-3-617


The issue presented in this dispute has been addressed by the Board on numerous occasions. For example, in Third Division Award 29037, the Board concluded:


      "The Scope Rule is a general Rule and the on-property record is conclusive that the work has not been "customarily" performed by employees. The letters submitted by B&B Painters do not refute the carrier's evidence that it utilized outside forces for decades to perform work which included painting. The Organization's rebuttal on the property of the sixty-four year record, including the point that the Omaha headquarters was painted by outside contractors only three times in that period, is not on point. It is central to this dispute that proof has been presented by the Carrier that outsideforces historically painted buildings, including the Headquarters Building. This probative evidence removes this work from that which the Carrier is restricted from contracting out and is required to give advance notice."


Numerous decisions of the Board have held that the Carrier has the right under Article IV to contract out work where advance notice is given and the Carrier has established a mixed past practice of contracting out work similar to that involved in the dispute. The record in this case demonstrates a mixed practice on this property with respect to the work in question. It has been performed by members subject to the Agreement in the past but has also been contracted out by the Carrier in the past. We thus conclude that the Carrier did not violate the Agreement when it contracted out the work.


                          AWARD


      Claim denied.


                        O R D 8 R


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Dated at Chicago, Illinois, this 19th day of July 1994.