Form 1 NATIONAL RAILROAD A STMENT BOARD
 THIRD DIVISION
 Award No. 31026
 Docket No. Mod®25454
 95-3®08®3®259

The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.



PARTIES TO DISPUTE:

                  ____. ____'_ "Claim of the System Committee of the Brotherhood that:


          (1) The Carrier violated the Agreement when it assigned outside forces to perform the work of removing and replacing structural beams and building and rebuilding foot walks on the steel drawbridge between East Portland and Union station in Portland, Oregon, beginning January 5, 1987 (System File M®576/570569).


          (2) The Agreement was further violated when the Carrier did not give the General. Chairman prior written notification of its plan to assign said work to outside forces.


          (3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Steel Erection employes J. D. Bowen, S. E. Burgus, B. L. Flannery, L. H. Kelly, K. E. Murphy, R. R. McDonald and H. S. Role shall each be allowed pay at their respective rates for an equal proportionate share of the sic thousand seven hundred twenty (6,720) man-hours expended by the outside forces during the claim period."


The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds theta

 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. 31026
 Page 2 Docket No. MW-28454
                                          95-3-88-3-259


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

 letter dated August 13, 1986, the Carrier informed the organization as follows*

                                    I_

      O'S imply as information, a contractor wy~. be u ,utilized to

      replace and lubricate the 64 upper deck counter weight

      ropes on the double deck lift span of Bridge 0.43 across

      the Willamette liver at Portland, Oregon.


      A firm specializing in this work has always performed this service."


      ne Carrier that it met its notice obligations. With

      The asserts respect to this notice, the carrier®s records show that conference

was held on December 11, 1966 and that the project was "done'.

      However, while the carrier's records show that as of the

      ,,

December 11, 1986 conference teas projeca- ~. covered a,, the AasgUst 13,
                                              _

1986 notice was °done", the contractor did not commence the work involved in this dispute until January 5, 1987. Moreover, the work involved in this dispute was not the replacement and lubrication of the 64 upper deck counter weight ropes as specified in the notice relied upon by the carrier. Rather, the work involved in this dispute was the removing and replacing structural beams and building and rebuilding foot walks on the steel drawbridge.


      Based o:. '~^ a-=,e, we are satisfied that the work specified

*~.=G .. in the August 13, 1986 notice relied upon by the Carrier was not the work involved in this dispute. We therefore find that the Carrier contracted out the work involved in this dispute without notice to the Organization as required by Rule 52.


As a remedy, the matter is remanded to the parties to determine the number o_ hours expended by the contractor on this project. Claimants shall be made whole for the proportionate amount of that time to cover periods, if any, that they were ire furlough status during the time the contractor performed the work in question.


Claim sustained in accordance with the Findings.
 Form 1 Award No. 31026
 Page 3 Docket Nom Mw-28454
                                          95-3-88®3-259


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimantfs) be made `TN-- Carrier =

~ ~s ordered to mace the sward effective an or before 30 days following the postmark date the Award is transmitted to the parties.


                            NATIONAL RAILROAD ADJUSTMENT BOARD Fay Order of Third Division


                            Dated at Chicago, Illinois, this 1st day of September 1995.