Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31305
Docket No. MW-30976
95-3-92-3-888
The Third Division consisted of the regular members and in
addition Referee Elizabeth C. Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
assigned an outside concern (Hilltop Paving)
to perform grade crossing paving work on the
Pittsburgh Division at the Hillside, Ridge,
Maple and Clairton road crossing at Mile Posts
303.9, 305, 24.6 and 24.5, respectively, on
May 31, June 21 and 26, 1991 (System Docket .
MW-2175).
(2) The Agreement was further violated when the
Carrier tailed and refused to furnish the
General Chairman with proper advance written
notice of its intention to contract out said
work and discuss the matter in good faith as
required by the Scope rule.
(3) As a consequence of the violations referred to
in Parts (1) and/or (2) above, furloughed
Pittsburgh Division Class 2 Machine Operators
W.G. Devlin, A.B. Roney, furloughed Pittsburgh
Division vehicle Operators R.C. Atkinson, T.P.
Townsend, furloughed Pittsburgh Division
Trackmen A.E. Long, J.A. DeLuca and furloughed
Pittsburgh Division Foreman R. Burdette shall
each be allowed twenty-four (24) hours' 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:
Form 1 Award No. 31305
Page 2 Docket No. MW-30976
95-3-92-3-888
The carrier or carr_ers 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.
This claim is identical (except for the number of Claimants
named) to the claim reviewed and denied in Third Division Award
30537. This Board finds no basis for departing from the findings
of the Board in that Award. Since the issue raised in this docket
has been resolved in Award 30537, this claim is dismissed as being
a duplication of Award 30537.
AWARD
Claim dismissed.
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 19th day of January 1996.