Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32562
Docket No. MW-31767
98-3-94-3-17
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:
(Union Pacific 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 (Furst Construction Company) to perform Steel Erection
Subdepartment work (enclosing the North No. 1 canopy
of
the
locomotive facility, i.e., the Diesel Shop) at Salt Lake City, Utah on
September 21, 22, 23, 24 and 25, 1992 (System File H-7/9301-t4).
(2) The Agreement was further violated when the Carrier's advance
written notice
of
its intention to contract out said work was
improper and when it failed to make a good-faith effort to reduce
the incidence of contracting out scope covered work and increase
the use of its Maintenance
of
Way forces as required by Rule 52(a)
and the December 11, 1981 Letter
of
Understanding.
(3) As a consequence
of
the violations referred to in Parts (1) and/or (2)
above, Western District Steel Erection employe R. L. Winn shall be
allowed fifteen (15) hours' pay at the steel erection foreman's
straight time rate, Western District Steel Erection employes J. L.
Smith and R. R. Eden shall each be allowed forty (40) hours' pay at
the bridge welder's/arc welder's straight time rate. Western
District Steel Erection employe J. F. Berg shall be allowed forty
(40)
hours' pay at the 1st Class Steel Bridgeman's straight time rate and
Western District Steel Erection employe T. F. Sweat shall be
allowed forty (40) hours' pay at the steel bridgeman's/machine
operator's straight time rate."
Form 1 Award No. 32562
Page 2 Docket No. MW-31767
98-3-94-3-17
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.
This dispute concerns another part of the construction reviewed in Third Division
.ward 32561, and the Board reaches the same conclusions as in that Award.
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 29th day of April 1998.