(1) The Carrier violated the Agreement when it assigned or otherwise allowed outside forces (Penn Mechanical) to perform B&B plumber's work, i.e., replacement of the Honeywell steam valves on Fan Nos. 4 and 30, at the 30th Street Station at Philadelphia, Pennsylvania on March 5, 6, 18, 19 and 20, 1992 (System File NEC-BMWE-SD-3140 AMT).

(2) The Agreement was further violated when the Carrier failed to give the General chairman advance written notice of its plans to contract out said work.

(31 As a consequence of the violations referred to in Parts (1) and/or (2) above, B&B Plumbers J. Carr, J. Scheck and F. Lawler shall each be allowed forty (40) hours' pay at their respective straight time rates."

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.

Other than the type and nature of work contracted out at the Carrier's 30th Street Station, the arguments of the parties are the same as in Third Division Award 31481, including a challenge to this Board's authority to resolve the issue.

For the reasons set forth in Third Division Award 31481 this dispute is dismissed.

AWARD