Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 31275
 Docket No. MW-30028
 95-3-91-3-428

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

STATEMENT OF CLAIM: "Claim of the System Committee of the
 Brotherhood that:

      (1) The Carrier violated the Agreement when it

      assigned an outside contractor (Young

      Construction) to remove and replace crossties,

      rail and ballast on the main line and/or

      elevator tracks at various road crossings

      (Mile Post locations 547.8, 552.9, 557.9,

      608.2 and 620.1) on the Lenora Branch in the.

      vicinity of Portis, Harlan and Gaylord, Kansas

      on April 5, 6, 9 and 10, 1990 (Carrier's File

      900506 MPR).


          (2) As a consequence of the violations referred to in Part (1) above, Omaha Division Machine Operator J. L. Hardenberger shall be allowed thirty-two (32) hours' pay at his applicable straight time rate, for the work performed by the contractor in Part (1) above."


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.

Form 1 Award No. 31275
 Page 2 Docket No. MW-30028
 95-3-91-3-428

By notice dated March 5, 1990, the Carrier informed the Organization:


      "... of the intention to solicit bids to contract the following work:


          Place: Lenora Branch


                        Specific Work: Crossing work at following locations - MP 547.8, 552.9, 557.9, 608.2 & 620.1


      In the event you desire a conference in connection with this notice, all follow up contacts should be with the Labor Relations Department."


Conference was held between the parties on March 9, 1990, without resolution. By letter dated March 14, 1990, the Organization confirmed its objection to the contracting out of the work. As set forth in the claim, the work was performed by an outside contractor on April 5, 6, 9 and 10, 1990.


As demonstrated by the correspondence on the property, the work performed by the contractor involved the use of a backhoe and a dump truck. The record further sufficiently establishes that _n the past the Carrier has contracted out similar work which has been acquiesced to by the Organization. Under the circumstances, she claim will be denied.


                          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.

Form 1 Award No. 31275
 Page 3 Docket No. MW-30028
 95-3-91-3-428
 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Dated at Chicago, Illinois, this 19th day of January 1996.