Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31649
Docket No. MW-31002
96-3-92-3-954
The Third Division consisted of the regular members and in addition Referee
Margo R Newman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEIMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Dan's Custom Fencing) to perform fence work [installed
posts, strung fence, installed one (1) gate and strung barb wire on
top of the chain link fencing] on the Montana Subdivision at Mile
Post 186, Idaho Falls, Idaho on June 17 through July 10, 1991
(System File S-565/910737).
(2) The Agreement was further violated when the Carrier did not give
the General Chairman proper advance written notice of its intent
to contract out the work involved here in accordance with Rule 52.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, furloughed Carpenter F. L. Parker and Messrs. D. K. Naasz,
K. L. Howard, J. D. Stevens, R E. Baker and R L. Young shall
each be allowed ninety-six (96) hours of pay at their respective First
Class Carpenter's and foreman's straight time rate
of
pay."
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.
Form 1 Award No. 31649
Page 2 Docket No. MW-31002
96-3-92-3-954
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 involves the contracting
of
fence work on the claimed dates in Idaho
Falls. The Organization contends that the July 5, 1990 notice served was defective as it
was issued over one year before the work was completed and failed to specify the exact
location
of
the work and the reasons for the contracting. The record reveals that the July
5, 1990 notice specified the work as "construct fence in Idaho Falls yard", and was
subject to a lengthy reply by the Organization and response from the Carrier. It also
appears that the matter was conferenced. The Board finds that the notice was sufficient
to meet the Carrier's Rule 52 obligation.
The ability of this Carrier to contract out fence construction work has been
upheld in Third Division Awards 31227, 31034, 30469, 30167, 30165, 30163, 30008,
30007, 30004, 29393, 28789, 28558. This is true despite the fact
of
lack of notice. Third
Division Awards 29393, 30167, 30004. Given the practice established on the property
for the kind of contracting out involved in this case, there is no basis for determining
that these Awards are palpably erroneous. In the interests of stability, we shall follow
their holdings.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders
than award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 29th day of August 1996.