NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31525
Docket No. MW-30623
96-3-92-3-180
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company (former Chicago, Milwaukee,
( St. Paul and Pacific Railroad Company)
STATEMENT OF CLAIM:
"(1) The alleged violation
of
the Agreement when the Carrier authorized
and assigned Maintenance
of
Way work opportunities to an outside
contractor (Railroad Salvage Associated
of
Milwaukee, WI) on March 29,
30, April 6, 7, 13, 14, 20, 21, 27, 28, May 4, 5, 11 and 12, 1991. (Carrier
File: 8-00061, Organization File: C-12-91-C080-03)."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, rinds 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.
This dispute concerns the Organization's assertion that the Carrier contracted
out the clean up
of
debris, wood and spoiled grain within the yard limits at Milwaukee,
Wisconsin. As part
of
the arguments made by the Carrier, the Carrier asserts that it
has similarly contracted out this work in the past without protest by the Organization.
Form 1 Award No. 31525
Page 2 Docket No. MW-30623
96-3-92-3-180
Third Division Award 30115 between the parties involved a similar dispute
concerning the : -iean up of spilled grain and track materials. The Board denied the
claim finding that "... this type of work has not by practice or tradition been customarily
performed by Maintenance of Way employees."
We do not find Award 30115 to be palpably in error. For purposes of stability,
that Award must be followed. On the basis of that Award, this claim shall 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of July 1996.