Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32628
Docket No. MW-31271
98-3-93-3-290
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Oberkramer) to remove catwalks and concrete forms from
between tracks at the old piggy back facility, Sarpy Yard, Mile Post
2.8 and transported said materials to the DeSoto Sub and placed
them along the right of way on February 17, 1992 (Carrier's File
920330 MPR).
(2) The Carrier also violated Article 1 V of the May 17. 1968 National
Agreement when it failed to furnish the General Chairman with
proper 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, Foreman D. E. Renois, Machine Operators E. A. Nanney,
S. D. Ackman. T. J. Moore and Trackmen Drivers M. Williams, T.
B. Magruder. C. Luther and R. E. Taylor shall each be allowed ten
(10) hours' pay at their respective overtime rates."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
Form 1 Award No. 32628
Page 2 Docket No. MW-31271
98-3-93-3-290
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.
The instant claims involve the subcontracting of certain work performed on
February 17, 1992. The claims are premised on the alleged failure of Carrier to notify
the General Chairman of its intent to subcontract the work in question. The record
reveals, however, that by letter dated January 7, 1992, Carrier provided such notice and
advised the General Chairman to contact the Labor Relations Department in the event
the Organization desired a conference in connection with the notice. A review of the
record reveals that the work was not performed on Carrier property, nor was it
performed at the Carrier's behest. .Accordingly, the claim must be denied.
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 23rd day of June 1998.