Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32745
Docket No. MW-30304
98-3-92-3-32

The Third Division consisted of the regular members and in addition Referee Edwin H. Benn. when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



STATEMENT OF CLAIM:










FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 32745
Page 2 Docket No. MW-30304
98-3-94-3-32

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.




By letter dated February 13, 1990, the Carrier notified the Organization for various listed subdivisions and branches of its "intent to solicit bids to contract the unloading of cross and switch ties and the pick up and removal of scrap ties and debris for the Carrier's Tie Program." By letter dated February 26, 1990, the Organization acknowledged the February 13, 1990 notice and further confirmed that the parties held a conference on February 16, 1990, where the Organization objected to the contracting of the work. In its February 26, 1990 letter, the Organization also took the position that the notice was not sufficiently specific.




With respect to notice, as confirmed by the Organization's February 26, 1990 letter, we find that notice of contracting was given and conference between the parties was held as specified in Article IV. We further find that the notice was sufficiently specific.


As to the merits of the contracting action, this is the same kind of work resulting in denials of claims by this Board where we found that "in the past the Carrier has contracted out similar work which has been acquiesced to by the Organization." Third Division Awards 31277, 31273. Those Awards govern this dispute.






    Claim.denied.

Form 1 Award No. 32745
Page 3 Docket No. MW-30304
98-3-94-3-32

                        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 September 1998.