Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32265
Docket No. MW-31412
97-3-92-3-882
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:
(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
(Schwartz and Sons) to perform B&B Subdepartment work
(asphalting road crossings) at Baker Street, Tudor Avenue,
McCausland, South Bend Road, Eagle Park Road, Lynch Street, St.
Clair Avenue, 15th and Lincoln, Ridge Avenue and St. Louis
Avenue on the Illinois Transfer between East St. Louis to Madison,
Illinois from August 12 through 23, 1991 (System File 1991-11/013293-17).
(2) The Agreement was violated when the Carrier assigned or
otherwise allowed Norfolk and Southern tie gang forces to perform
track maintenance work (replacing ties) on the Illinois Transfer
between East St. Louis, Illinois to the Merchants Bridge in St.
Louis, Missouri from August 28 through September 12, 1991
(System File 1991-12/013-293-16).
(3) The Agreement was violated when the Carrier assigned or
otherwise allowed Norfolk and Southern rail and surfacing gang
forces to perform track maintenance work (unloading and laying
welded rail) on the Illinois Transfer between East St. Louis, Illinois
to the Merchants Bridge in St. Louis, Missouri from November 5
through 21, 1991 (System File 1991-21/013-293-14).
Form 1 Award No. 32265
Page 2 Docket No. MW-31412
97-3-92-3-882
(4) The Agreement was further violated when the Carrier failed to
properly notify and discuss with the General Chairman its intent to
contract out said work as required by Article IV of the 1968
National Agreement.
(5) As a consequence of the violations referred to in Parts (1) and/or (4)
above, [five] B&B employes shall each be allowed three (3) hours'
pay at their respective hourly rates for each date the outside forces
performed the B&B Subdepartment road crossing work.
(6) As a consequence of the violations referred to in Parts (2) and/or (4)
above, 1411 Claimants shall each be allowed pay at their respective
rates of pay for an equal proportionate share of the total number of
man-hours expended by the Norfolk and Southern tie gang forces in
the performance of the tie renewal work on the dates in question.
(7) As a consequence of the violations referred to in Parts (3) and/or (4)
above, [62[ Claimants shall each be allowed pay at their respective
rates of pay for an equal proportionate share of the total number of
man-hours expended by the Norfolk and Southern rail and
surfacing gang forces in the performance of the unloading and
laying of rail and the surfacing work on the dates in question."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 32265
Page 3 Docket No. MW-31412
97-3-92-3-882
This matter consists of three separate claims, combined for the Board's review,
concerning work performed by an outside contractor in one instance and by employees
of another Carrier in the other two instances.
The type of work and arguments set forth by the Organization are virtually
identical to those advanced in the dispute resulting in Third Division Award 31348,
involving the same parties. In that Award, the Board found no exception to the reasons
set forth by the Carrier to justify the necessity of contracting the work instead of
utilizing its own forces.
In this instance, there is no question that the proper advance notice was given by
the Carrier, and a resulting conference was held as requested by the Organization.
The Board finds the reasoning in Award 31348 should be and is determinative
here. There is no basis to distinguish the facts from those considered earlier.
AWARD
Claim denied.
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 7th day of October 1997.