Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32161
Docket No. MW-31433
97-3-93-3-425
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(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., installing 8" sanitary drain lines at the 30th
Street Station at Philadelphia, Pennsylvania beginning on February
10, 1992 and on a continuing daily basis thereafter (System File
NEC-BMWE-SD-3116 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.
(3) 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 eight (8) hours' pay, at the plumber's rate, for each day
the outside forces performed the above-described work beginning
on February 10, 1992 and continuing until the violation ceased."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 32161
Page 2 Docket No. MW-31433
97-3-93-3-425
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 were given due notice of hearing thereon.
Except as to date, Claimants, and type of work, this dispute is identical to that
reviewed by the Board in Third Division Award 32156, and the Board reaches the same
conclusion.
AWARD
Claim dismissed.
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 13th day of August 1997.