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.

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

During the time specified in the claim, the Carrier contracted out snow removal work between Oakridge, Oregon, and Cascade Summit. During this time, all of the Carrier's equipment was utilized for snow removal purposes and all affected employees available for work were working overtime and sometimes double time clearing snow. No furloughed employees were available. No notice was given to the Organization prior to the contracting out of the snow removal work.

We are satisfied that the record demonstrates an emergency sufficient to relieve the Carrier of its obligation to give the Organization advance notice of its intent to contract out the snow removal work. Under the circumstances, particularly given the fact that employees were working overtime and double time removing snow and further given that all of the Carrier's equipment was utilized for snow removal work, contracting out was permissible for the emergency presented.

The record as developed on the property does not sufficiently demonstrate that the Carrier changed its practices with respect to utilization of its employees and the obtaining of equipment for snow removal purposes. Nor does the record sufficiently demonstrate that the carrier took action to reduce the amount of snow removal work performed by its employees in the past so as to substitute contractors to perform that work. At best, the record is in conflict in that regard.

The Organization's burden has not been met. The claim must be denied.

AWARD