Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31271
Docket No. MW-28262
95-3-87-3-827
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of way Employes
(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
assigned outside forces to perform
work at the depot in Russellville,
from March 31, 1986 through April
(Carrier's File 247-7433).
(2) The Carrier also violated Article IV of the
May 17, 1968 National Agreement when it did
not give the General Chairman advance written
notice of its intention to contract said work.
(3) As a consequence of (1) and/or (2) above, B&B
Foreman J. H. Duggin, B&B Carpenters A. L.
Howell, D. J. Booker and Motor Car operator D.
L. Boyd shall each be allowed pay at their
respective straight time rates for an equal
proportionate share of the one hundred two
(102) man-hours expended by the outside forces
to perform the above-mentioned work."
when it
painting
Arkansas
4, 1986
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. 31271
Page 2 Docket No. MW-28262
95-3-87-3-827
Parties to said dispute waived right of appearance at hearing
thereon.
Without prior notification to the organization, the Carrier
contracted out painting duties at the depot at Russellville,
Arkansas.
The on-property handling shows (without contradiction) that in
the past the Carrier has contracted out similar work without
protest from the Organization. That showing prevents the
Organization from prevailing on its argument that the Carrier was
precluded from contracting out the work.
However, the Carrier failed to give the organization advance
notice of its intent to contract out the work as is required. The
function of the notice is to allow the Organization the
opportunity to convince the Carrier to not contract out the work.
That opportunity was prevented by the Carrier's failure to give
notice. The claim will therefore be sustained, but only for those
Claimants in furlough status, if any, at the time the contractor
performed the work.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an Award favorable to the Claimant(s) 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 19th day of January 1996.