Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31663
Docket No. MW-31205
96-3-92-3-889
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:
(Terminal Railroad Association
of
St. Louis
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside forces
(Kamadulski) to perform excavation work on Track Nos. 55 and 56
at Jefferson Avenue in St. Louis, Missouri, beginning October 7,
1991 and continuing (System File 1991-18/013-293-14).
(2) As a consequence of the violation referred to in Part (1) above,
Large Machine Operators R.E. Gray, R Gartner, D. Stogner, R
Gower, R Glenn, J. West, W. Bailey, L. Crouch, D. Matthes, and
Truck Operators J. Derochie, O. Rodriguez, H. Goodwin, J. Wilson,
R Jackson, J. Pfeiffer, J. Headrick, J. Mason, P. Poss, N. Libell, C.
Jefferson, W. Green, R Brown, C. Laden, A. McCarter, L. Gates,
S. Gray, C. Carrico, W. Vickers, A. Smoot, J. King and W. Wiley
shall each, in accordance with their seniority, be allowed pay at
their respective rates for an equal proportionate share of the total
number
of
man-hours expended by the outside forces performing
the above-described work beginning October 7, 1991."
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. 31663
Page 2 Docket No. MW-31205
96-3-92-3-889
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute waived right of appearance at hearing thereon.
On March 5, 1991, the Carrier notified the General Chairman of its intent to
contract out the grading, drainage and hauling work in connection with the relocation
of tracks 55 and 56. The relocation of these tracks was required to make room for the
BI-State (Metrolink) light rail system. The work was to be done on property owned by
Bi-State. After completion of the work the property was deeded to the Carrier. The
Carrier's track forces laid the rail in connection with this project.
Because of several delays the work did not begin until October 7, 1991. At the
time the work began all the Carrier's maintenance of way employees were fully
employed. On November 25, 1991, 40 employees of the Track Department were
furloughed. None of the Claimants were among those furloughed.
The Organization filed this claim on the basis that the Carrier violated the Scope
Rule of the Agreement. The Scope Rule on this property is general in nature.
There is no doubt that Carrier employees have performed this type of work in the
past. However, in this case the Organization was notified of the involvement of Bi-State.
The work was being performed at the direction of Bi-State. Other than making room
for the light rail system there was no operational need for the Carrier to relocate the
tracks.
It has not refuted that the work was performed on Bi-State property. The
Organization was fully appraised of the involvement of Bi-State. Based on the facts
presented in this case the Board concludes the contracting out was unavoidable and
directed by Bi-State.
AWARD
Claim denied.
Form 1 Award No. 31663
Page 3 Docket No. MW-31205
96-3-92-3-889
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 29th day of August 1996.