Work of this nature is not covered by the Scope of our agreement and has been contracted historically without notice and without protest. In any event, there are no employees furloughed on the applicable work zone on the New Jersey Division. Furthermore, aside from the foregoing, it would not be economical to recall a furloughed mployee, nor would such employee be required to return -or work of such short duration.

In the event you wish to discuss this matter, we are available to meet in our office at 9:00 A. M. on Wednesday, August 24, 1988."

Subsequently, a claim was filed protesting the Carrier's action.

After reviewing the record, the Board is compelled to conclude that the organization's basic entitlement to perform the work in question was established in Award 27012, among others. Under Award 27012 they need not show that they have done the work in question exclusively. It is sufficient to establish that they have customarily done brush cutting. In other words, they are entitled to the work if historical use of Carrier forces is the ordinary course of conduct by the Employer. Even though contractors may have been used in the past, this does not necessarily establish that employees did not ordinarily do the work.

As a result of Award 27012 and this Board's analysis of the evidence of this record, it must be concluded that the Agreement was violated. However, no monetary damages are appropriate in view of the fact all the Claimants were fully employed and indeed performed some overtime during the claim period. Nor is the Board convinced that there was a loss of work opportunity. The claim is sustained as the Agreement was violated: however, no monetary damages are appropriate.

AWARD