Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31027
Docket No. MW-29098
95-3-89-3-529
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it
assigned outside forces to perform concrete
work, i.e., construction of a loading ramp
and/or dock, at the southwest corner of the
Diesel Shop in North Platte, Nebraska on
October 8, 10, 11, 12, 13, 14, 15, 17, 18, 19
and 20, 1988 (System File S-71/890033).
(2) The Agreement was further violated when the
carrier failed to give the General Chairman
prior advance written notice of its plans to
contract out the work involved here, in
accordance with Rule 52.
(3) As a consequence of the violations referred to
in Parts (1) and/or (2) above, First Class B&B
Carpenters J. P. Nila and T. G. Bowley shall
each be allowed one-hundred sixty (160) hours
of pay at their respective straight time
rates."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
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. 31027
Page 2 Docket No. MW-29098
95-3-89-3-529
Parties to said dispute waived right of appearance at hearing
thereon.
By letter dated August 2, 1988, the Carrier advised the
organization of its 'intent to contract the architectural services,
mechanical, electrical work and construction work in connection
with the erection of a temporary material handling facility located
at North Platte, Nebraska.' According to the organization, the
contractor commenced the work on October 8, 1988.
First, we are satisfied that the Carrier notified the
Organization of its intent to contract out the work in dispute.
The August 2, 1988 notice sufficiently encompassed the work in
dispute and put the Organization on notice of the Carrier's
intentions.
Second, with respect to the kind of work involved in this
dispute, this Board has held that the carrier can contract out such
work. See Third Division Award 31035 and Awards cited therein.
Those Awards are not palpably erroneous and, in the interest of
stability, they will be followed.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 1st day of September 1995.