(1) The Carrier violated the Agreement when it assigned or otherwise permitted outside forces to install a new road crossing and timbers south of W. R. Tower in Granite City, Illinois, on October 27, 28 and 30, 1986 (System File 1986-14 T. R. R.A./013-293-14).

(2) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it did not give the General Chairman timely advance written notice of its intention to contract said work.

(3) As a consequence of the aforesaid violations, Foreman R. Gartner, Machine Operator R. Gower, Truck Driver J. Mason and Track Laborers C. Perkins, R. Williams, M. Martin, S. Johnson and A. Dowiels shall each be allowed twentyfour (24) hours of pay at their respective straight time rates."

By letter dated October 27, 1986, the carrier notified the organization as follows:

"Granite City Steel Company plans to replace the existing private road crossing, across TRRA tracks at WR, in Granite City, Illinois. They will be the sole owner and use for their benefit only. Granite City Steel will construct the crossing with either their company employees or outside contractor, at their choice.

The TRRA will not participate in either construction, cost, or ownership of the crossing. This letter is sent as information."

Addressing the merits of the dispute, although Track Department Crews performed all track repairs at the crossing, the record shows that Granite City Steel Company rebuilt the crossing for that company's benefit with no participation in or cost expended by the Carrier. Nor was the work under the Carrier's control. Under those circumstances, the claim must be denied. See Third Division Award 23422 (". . [W]here the disputed work is not performed at the Carrier's instigation, not under its control, not performed at its expense and not exclusively for its benefit, the work may be contracted out ....").

AWARD