(1) The Carrier violated the Agreement when it assigned outside forces (C&S Salvage Company, Inc.) to perform Maintenance of way work (dismantling tracks) between Timmonsville, South Carolina and Florence, South Carolina on the Orangeburg Subdivision of the Florence Division beginning on Monday, April 22, 1991 and continuing [System File 91-117/12(91-1227) SSYJ.

(2) The Carrier also violated Rule 2, Section 1 when it failed to confer with the General Chairman and reach an understanding prior to contracting out the work in question.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Foreman C. D. Polk and Trackmen J. L. 0'Banner, E. L. Goodwin, C. Mumford, Jr. and B. D. Moses shall each be allowed pay at their respective straight time and time and on-half rates for an equal proportionate share of the total number of man-hours expended by the contractor's forces performing the subject work."

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 April 22, 1991, the Carrier hired an outside contractor to perform the dismantling and removal of tracks between Timmonsville and Florence, South Carolina.

The Organization took exception to the use of an outside contractor and filed the instant claim contending that work of this nature has been customarily, historically, and traditionally assigned to Carrier's Maintenance of Way personnel. Furthermore, the Organization argued that the Carrier did not offer the General Chairman the opportunity to discuss said work before its commencement.

The Carrier denied the claim contending that the trackage in question was abandoned, and therefore, the work involved on it is not reserved exclusively to maintenance of Way employees.

This Board reviewed the record in this case and we find that this claim is identical to the claim filed in Docket MW-30775. The parties are identical in that case and the subcontracted work is the same as in this case. It appears that this case was a duplicate filing by another General Chairman.

On July 26, 1995, the Board issued Third Division Award 30982 in Docket MW-30775 sustaining the claim. Since the facts of that case are identical to the facts of this case, our only appropriate action is to dismiss this claim.

AWARD Claim dismissed.