(1) The Carrier violated the Agreement when it assigned outside forces (Railroad Construction and Maintenance Corp.) to perform Maintenance of Way work (dismantling track) between Milepost AN 647.4 and Milepost 649.0 on the Thomasville Subdivision of the Atlantic Division from June 4, 1990 up to and including June 22, 1990 [System File 90-88/12(90-968) SSY].

(2) The carrier also violated Rule 2, Section 1 when it failed to confer with the General chairman and reach an understanding prior to contracting out the work in question.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Machine Operators V.E. Tinsley, J.0. Sloan, Jr. and C. Handley shall each be allowed an equal proportionate share of the four hundred eighty (480) man-hours, at their respective straight time rate, and an equal proportionate share of the one hundred twenty (120) man-hours, at their respective time and onehalf rates of pay, for the time expended by contractor's forces in the performance of the subject work."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

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

Claimants hold seniority in the Maintenance of Way General Subdepartment, Group A, on the Atlanta-Waycross Seniority District and are assigned to Machine Operator positions with workweeks of Monday through Thursday, ten hours each day, with rest days of Friday, Saturday and Sunday.

The Organization claims that the Carrier violated the Agreement when it allowed or otherwise permitted a contractor, Railroad Construction and Maintenance Corporation, to perform the work of dismantling the Carrier's track. Beginning on Monday, June 4, 1990 and continuing every Monday through Friday, up to and including Friday, June 22, 1990, four contractor's employees performed the work of dismantling the Carrier's track located near Valdosta, Georgia, between Milepost AN 647.4 and Milepost AN 649.0 on the Thomasville Subdivision of the Atlantic Division. The work performed by the contractor's employees included, but was not limited to removing and loading in gondolas rail, joint bars and bolts, anchors, tie plates and ties. The contractor's employees worked ten hours on each of the above enumerated days, expending a total of 600 man-hours in the performance of this work.

The Carrier did not deny that the work was done by contractor's employees as asserted by the Organization. In his response dated August 31, 1990, the Division Engineer declined the claim on the grounds that the dismantling of the old disconnected main track in Valdosta, Georgia, was located on City of Valdosta property and was not part of the Carrier's property or material. When the Carrier connected to the new location of the main track through Valdosta, the isolated old main track and property became the City of Valdosta's. The contractor required gondolas to ship the material from the site.

in his letter dated February 6, 1991, the Director of Labor Relations declined the claim and reiterated the Carrier's position that dismantling of abandoned track does not fall within the scope of the schedule Agreement, the Claimants suffered no loss in earnings, and the work was not reserved by Agreement to the Claimants.

The Organization challenged the assertions made by the carrier and requested documentation from the Carrier to support its position that the track in question was located on the City of Valdosta property and not part of Carrier property or material. No such documentation was produced during the handling of the dispute on the property, or before this Board.

The Organization urges this Board to find that the Carrier violated Rules 1, 2, 3, 4, 5, 27 and 28 of the Agreement. The critical language appears in Rules 1 and 2:

"RULE 1

SCOPE

These Rules cover the hours of service, wages and working conditions for all employees of the Maintenance of Way and Structures Department as listed by Subdepartments in Rule 5 - Seniority Groups and Ranks, and other employees who may subsequently be employed in said Department, represented by Brotherhood of Maintenance of Way Employes ....

RULE 2

CONTRACTING

This Agreement requires that all maintenance work in the Maintenance of Way and Structures Department is to be performed by employees subject to this Agreement except it is recognized that, in specific instances, certain work that is to be performed requires special skills not possessed by the employees and the use of special equipment not owned by or available to the Carrier. In such instances, the Chief Engineering Officer and the General chairman will confer and reach an understanding setting forth the conditions under which the work will be performed.

It is further understood and agreed that although it is not the intention of the Company to contract construction work in the Maintenance of Way and Structures Department when Company forces and equipment are adequate and available, it is recognized that, under certain circumstances, contracting of such work may be necessary. In such instances, the Chief Engineering Officer and the General Chairman will confer and reach an understanding setting forth the conditions under which the work will be performed.

95-3-92-3-200