Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32790
Docket No. MW-30731
98-3-92-3-530
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Denver Union Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise
permitted outside forces (Quality Paving Company) to perform
repairs to Platforms #1 and #2 at the Denver Union Terminal
beginning July 14 through 17, 1991 (System File DUT-91-01/018.1).
(2) The Agreement was further violated when the Carrier failed to give
the General Chairman advance written notice of its intent to
contract out said work as required by Article IV of the May 17,
1968 National Agreement.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, Claimants D. A. Archuleta, E. R. DeHerrera, M J.
Culpepper and R. T. Rael shall each be allowed pay for an equal
proportionate share of the total number of man-hours expended by
the outside forces at their respective straight time and time and onehalf rates of pay."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 32790
Page 2 Docket No. MW-30731
98-3-92-3-530
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.
On Friday, June 14, 1991, the National Railroad Passenger Corporation
(AMTRAK), which is a tenant on Carrier's property, contracted with Quality Paving
Company to have repairs made to the passenger platform at the Denver Union Station.
There is no controversy that the work complained of did, in fact, take place.
On June 20,1991 the Organization filed a claim requesting that the four abovenamed Claimants be paid
The claim was denied and subsequently progressed in the usual manner.
The Organization has not refuted the Carrier's protestation, expressed in its first
letter of denial, that it had no notification from its tenant Carrier that the work would
be or was being performed. In addressing similar cases the Board has held:
".
. . Under the particular circumstances, where the Carrier had no direct
or indirect involvement or knowledge, and noting that it was an isolated
occurrence, the Board is of the opinion that the Carrier did not violate the
Agreement." (Third Division Award 23574)
See also, Third Division Awards 23422, 25094 and 26082. Accordingly, the present
claim is denied.
AWARD
Claim denied.
Form 1 Award No. 32790
Page 3 Docket No. MW-30731
98-3-92-3-530
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.