Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32860
Docket No. MW-31791
98-3-94-3-40
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
(American Fence Company) to perform Bridge and Building
Subdepartment work (repairing and enclosing the top portion
of
the
new chain link fence) in the breezeway located on the south side
between the Steel Car Shop and the Store Department Building at
Pocatello, Idaho on October 9 and 12,1992 (System File H-10/930179).
(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 failed to make a good-faith
effort to reduce the incidence
of
contracting out scope covered work
and increase the use
of
their Maintenance
of
Way forces as required
by Rule 52(a) and the December 11, 1981 Letter
of
Understanding.
(3) As a consequence
of
the violations referred to in Parts (1) and/or (2)
above, furloughed B&B Carpenter W. S. Wallace and B&B Carpenter
T. D. Stalder shall each be allowed eight (8) hours' pay at the B&B
First Class Carpenter's straight time rate."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, rinds that:
Form 1 Award No. 32860
Page 2 Docket No. MW-31791
98-3-94-3-40
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 July 21, 1992, the Carrier notified the Organization ". . . of the
Carrier's intent to solicit bids to cover fencing to be furnished and installed at the Freight
Car Triangle Area and Signal Shop Material Storage Area at the Supply Department
Facility in Pocatello, Idaho." By letter dated July 24, 1992, the Organization acknowledged
receipt of the notice and objected to the Carrier's actions. The Carrier contracted the
work. This claim followed.
Prior notice of contracting was given by the Carrier as required by Rule 52(a). For
the proposition that fencing work is the kind of work that the Carrier can contract out, see
Third Division Award 30167 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of October 1998.