Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32859
Docket No. MW-30733
98-3-92-3-531
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:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Prairie Construction and Cement Surgeons) to perform
concrete and construction work in connection with the erection
of
a
two-story addition within the existing interior
of
the Old Ice House
in Council Bluffs, Iowa beginning March 8, 1991 and continuing
(System File S-502/910489).
(2) The Carrier also violated the 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, B&B Foreman T. G. Bowley and Carpenters S. M. Foster, R.
D. Cutsor and R. L. Jones shall each be allowed pay at their
respective rates
of
pay for an equal proportionate share
of
the total
number
of
man-hours expended by the contractor's forces beginning
March 8, 1991 and continuing until the violation ceases to exist."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 32859
Page 2 Docket No. MW-30733
98-3-92-3-531
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.
By letter dated September 7, 1990, the Carrier notified the Organization of its
". . . intent to solicit bids to cover the remodeling of the interior painting of the exterior
of the Ice House located in Council Bluffs, Iowa." Conference was held on October 22,
1990. The Carrier contracted the work which was performed beginning March 8,1991.
This claim followed.
Prior notice of contracting was given by the Carrier as required by Rule 52(x).
For the proposition that the kind of work involved in this dispute has been contracted out
in the past, see Third Division Awards 30198, 29037 and Awards cited therein.
This claim shall therefore 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.
NAT70NAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of October 1998.