Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32222
Docket No. MW-31294
97-3-93-3-356

The Third Division consisted of the regular members and in addition Referee W. Gary Vause when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM:






Form 1 Award No. 32222
Page 2 Docket No. MW-31294
97-3-93-3-356
(5) As a consequence of the violations referred to in Parts (2) and/or (3)
above, B&B Plumbers J. Carr, J. Scheck and F. Lawler shall each
be allowed sixteen (16) hours' pay at their respective straight time
rates."

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.


This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




The Organization asserts that the Carrier violated the Agreement when, without having given the General Chairman advance written notice of its intent to contract out, it assigned outside forces (Penn Mechanical) to replace steam values at the 30th Street Station at Philadelphia, Pennsylvania, on April 9, 10, 13 and 14, 1992. The claims seek a total of 32 hours pay at the straight time rate on behalf of Claimants. J. Carr and J. Scheck were employed as B&B Plumbers, and F. Lawler was employed as a Plumber Foreman, all headquartered at 30th Street, Philadelphia, Pennsylvania, at the time of the incident which led to these claims.


Other than the type and nature of work contracted out at the Carrier's 30th Street Station, the arguments of the parties are the same as in Third Division Award 32220, including a challenge to this Board's authority to resolve the issue.



Form 1 Award No. 32222
Page 3 Docket No. MW-31294
97-3-93-3-356







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 17th day of September 1997.