Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31033
Docket
NO. MW-30325
95-3-92-3-55
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 (former
( Missouri 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 overhaul BC-28M
Model 40, Burro Crane at Parson, Kansas
commencing November 12, 1990 (Carrier's File
910188 MPR).
(2)
The Carrier also violated Article IV of the
May 17, 1968 National Agreement when it failed
to furnish the General Chairman with advance
written notice of its
intention to
contract
out said work.
(3) As a consequence of the violations referred to
in Parts (1) and/or (2) above, the work
equipment mechanics listed below * shall
`Therefore, based on the amount of hours
involved to perform said overhaul by
contractors, time is being claimed by and in
behalf of each claimant for payment of all
wage loss suffered, at their respective time
and one-half rates, for being denied said
"Work Opportunity" to outside concerns.'
* T. E. Blasingame V. L. Price
G. R. Knight D. G. Barber
R. Buchanan R. K. Backus
V. A. Hudson L. B. Byrd
D. L. Wharton R. W. Murray
D. E. Price J. P. Koenigsfeld
D. G. Thurman R. G. Holman
L. E. Tosh R. M. Ussery
D. R. Vint R. L. Goodin
T. J. Maserang G. A. Howard
Form 1
Page 2
Award No. 31033
Docket No. MW-30325
95-3-92-3-55
R. E. Hughes
A. L. Harshaw,
J. R. Goodman
R. D. McKinney
H. S. Wells
R. A. Grooms
R. L. Smith
R. W. Cooper
A. D. Curtis
J.
Jr. D.
M.
G.
L.
J.
K.
M.
H.
L. Byrd
R. Hill
E. Thirion
L. Sales
D. Sales
Givens, Jr.
W. Carson
Hilliard
A. Cloyes"
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.
Parties to said dispute waived right of appearance at hearing
thereon.
On October 25, 1990, the BC-28M Model 40 Burro Crane was
shipped from Memphis, Tennessee to a contractor's shop in Parson,
Kansas for complete overhaul. Said work was contracted out without
the appropriate advance notice to the Organization. The work was
performed by the contractor commencing November 12, 1990.
Third Division Award 2956'7 governs this dispute. That Award
is not palpably erroneous
and, in the
interests of stability, it
shall be followed.
The matter is remanded to the parties with directions, through
a check of the carrier's records, to determine the number of hours
the contractor took to perform the work. and to compensate Claimants
(at the pro rata rate) for their proportionate share of those
hours.
Claim sustained in accordance with the Findings.
Form 1
Page 3
Award No. 31033
Docket No. MW-30325
95-3-92-3-55
OHRE
'
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimants) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 1st day of September 2995.