Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32446
Docket No. MW-31682
98-3-93-3-711
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:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Park Paint Dist.) to paint fuel storage tanks at Osborn Yard,
Louisville, Kentucky beginning August 17 through October 12,1992
[System File 12(49) (92)/12(93-3) LNRI.
(2) The Carrier also violated Article IV of the May 17,1968 National
Agreement when it failed to give the General Chairman advance
written notice of its intention to contract out said work.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, B&B employes G. R. Madden, Jr., B. Short, R. Brown and
S. G. Shackelford shall each be allowed eight (8) hours' pay at their
respective rates of pay beginning August 17 through October 12,
1992."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 32446
Page 2 Docket No. MW-31682
98-3-93-3-711
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.
Under date
of
August 16, 1992, the Carrier sent notice to the General Chairman
in pertinent part as follows:
"This will serve as notice
of
Carrier's intent to contract for the
painting
of
[four) bulk and miscellaneous storage tanks ....
It is necessary to contract the above referenced work due to the fact
that the Carrier does not have adequate equipment laid up or forces laid
off, sufficient both in number and skill with which the work might be
done."
The Organization states this letter was received on August 21. The contracted
work in question commenced on August 17.
The record shows indisputably that the Carrier failed to give the required 15-day
notice to the General Chairman, thus precluding any possibility that a conference may
have given the opportunity to the Organization to suggest how the work could be done
by Carrier forces, or for the Carrier to a:plain
why such
was not feasible.
The notice being deficient, the claim must be sustained. The Claimants were
actively at work during the stated period. In some instances, this might not require a
monetary remedy. Here, however, the Board finds that the requested remedy is
appropriate.
During the claim handling process, there was an allegation that painting work
was also undertaken for other than the storage tanks. This is disputed by the Carrier
and is clearly not included in the Statement of Claim. As a result, the Award is limited
to the storage tank painting.
Form 1 Award No. 32446
Page 3 Docket No. MW-31682
98-3-93-3-711
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 21st day
of
January 1998.