NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31568
Docket No. MW-31737
96-3-93-3-769
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier assigned an outside
concern (Pacer Trucking Company) to haul signal house casings from
Houston to Dallas, Texas on November 18, 1992 (System File MW-9315/MW 93-19 SPE).
(2) The Agreement was further violated when the Carrier failed to give
the General Chairman proper advance written notice of its intention to
contract out the work in question in accordance with Article 36.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, Machine Operator J. L. Eddins shall be allowed ten (10) hours' pay
at his time and one-half rate."
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.
Thus Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 31568
Page 2 Docket No. MW-31737
96-3-93-3-769
Parties to said dispute waived right
of
appearance at hearing thereon.
The parties to this dispute, the Agreement involved and the arguments made are
similar to those found in Third Division Award 31562. Likewise, the decision is the
same. The Agreement was violated.
AWARD
Claim sustained.
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 25th day
of July 1996.