"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier used outside forces (L. J. Webb, Sam and Shurigar Construction Companies) to build a berm and roadbed and related grading work between Mile Post 257 and Mile Post 262.5 near Hastings, Nebraska on the Kansas Division beginning October 12, 1992 and continuing (System Files H-14/930219 and H-15/930220).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with a proper advance written notice of its intention to contract out said work and violated the December 11, 1981 Letter of Understanding when it failed to make a goodfaith effort to reduce the incidence o work and increase the use of their Maintenance of Way forces.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Roadway Machine Operators C. L. Guthmann, R. L. Wehrer, D. L. Ditch. P. D. Birch. J. T. Small. D. D. Zulkoski. L. H. Cudney, furloughed Kansas Division employes K. K. Peacock and R. J. Manley, furloughed Wyoming Division employe D. A. Dimas and furloughed Nebraska Division employe J. J. Pickreil shall each be allowed an equal proportionate share of the total straight time and overtime man-hours worked by the outside contracting forces performing the above-described work at their respective roadway

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.

During the claim handling procedure, the Organization contended that proper notices of two instances of proposed contracting were not sent to the General Chairman. The record supports the Carrier's assertion that notices were sent and that conferences were held, with the work involved commencing after completion of the conferences.

the Organization characterizes the contracted work as "building a berm and roadbed and related grading work." Third Division Award 30193. among others, disposed of a claim involving similar work, as follows:

"Numerous decisions of the Board have held that the Carrier has the right under Sections (b) and (d) to contract out work where advance notice is given and the Carrier has established a mixed past practice of contracting out work similar to that involved in the dispute. The record in this case demonstrates a mixed practice on this property with respect to the work in question. It has been performed by members subject to the Agreement in the past but has also been contracted out by the Carrier in the past. We thus conclude that the Carrier did not violate the Agreement when it contracted out the work."

This reasoning is fully appropriate to the dispute here under review.

AWARD