Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32603
Docket No. MW-31777
98-3-94-3-50
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned outside forces
(Osmose Company, Inc.) to perform ordinary concrete repair work
(wingwall repair work) on Bridge No. 112.5 on the Lakes Division
on July 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25 and 26,
1991 (System File T-M-810-B/3MWB 91-10-31C).
(2) As a consequence of the violation referred to in Part (1) above,
Foreman B. L. Frisk. First Class Carpenters D. C. Steen. D. P.
Hawlev and Truck Driver K.
A.
Paulson shall each be allowed
compensation at their appropriate rates of pay for an equal
proportionate share of the total number of man-hours
Isix
hundred
(600) straight time and two hundred (200) overtime hours
consumed by the outside forces performing the above-mentioned
work beginning on July 8, 9, 10.11, 12, 15, 16, 17. 18, 19, 20, 22. 23.
24, 25 and 26, 1991."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
Form I Award No. 32603
Page 2 Docket No. MTV-31777
98-3-94-3-50
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 May 2. 1991. the Carrier sent notice to the Organization, in
pertinent part as follows:
"As information, it is tentatively proposed to repair certain bridges located
on the Carrier's Lake Division by the epoxy injection method.
The locations of the structures are as follows:
(Eight bridges listed, including:
Bridge 112.5 Loerch, Minnesota
The Carrier is not equipped. nor do its employees possess the necessary
expertise to perform all phases of this work which utilizes special
equipment and material available through the contractor. Therefore. as
in the past, it is proposed that this work will be performed by contract."
Although the notice was challenged by the Organization as to form. the Board
finds it in Rule compliance. During the claim handling procedure, the Organization
contended that "epoxy injection" work had not been performed: the record
demonstrates otherwise.
The matter of epoxy injection and the lack of feasibility of "piecemealing" other
related work have been reviewed many times in Awards involving the two parties in
dispute here. Examples of these Awards are Public Law Board No. -1768, Award 29
("Carrier established information that for more than ten years the Osmose firm has
been employed . . . `to perform the internal structural cement bridge repair using
advanced epoxy methods and technology"' and Public Law Board No. 4768. Award 10
Form I Award No. 32603
Page 3 Docket No. MW-31777
98-3-94-3-50
("insufficient support . . . for a finding that the epoxy repair work could have been
assigned efficiently on a piecemeal basis").
The Board finds no basis to reach a different conclusion on the facts presented in
this dispute.
.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
Bv Order of Third Division
Dated at Chicago, Illinois. this 22nd day of May 1998.