Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32864
Docket No. MW-31860
98-3-94-3-167
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 (Glen's Excavating) to perform Maintenance of Way and
Structures Department work (excavating, preparatory work,
concrete forming, tieing rebar, pouring and finishing concrete,
removing forms and cleaning up debris) in connection with the
construction of a pad at the Oil Separation and Water Treatment
Plant north of the 6th North Overpass in the Salt Lake City, Utah
Yards on October 28, 29 and 30, 1992 (System File H-24/930230).
(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 or to hold good-faith
discussions regarding the work prior to the contracting out of said
work, as contemplated by Rule 52(a) and the December 11, 1981
Letter of Agreement.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, Utah Division B&B Group 3 Carpenters W. D. Colvin and
H. B. Jones shall each be allowed eighteen (18) hours' pay at the
First Class Carpenter's rate."
Form 1 Award No. 32864
Page 2 Docket No. MW-31860
98-3-94-3-167
FINDINGS
:
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.
The record shows that by letter dated October 15, 1992, the Organization
acknowledged receipt of's notice from the Carrier dated October 9, 1992 stating the
Carrier's "intent to solicit bids `to cover construction of a concrete slab and removal of
contaminated soil at the waste water treatment plant at Salt Lake City, Utah."' In its
October 15, 1992 letter, the Organization also requested the holding of a conference.
Conference was held on November 13, 1992.
The Carrier contracted the work which was performed on October 28, 29 and 3(:.
1992. This claim followed.
Prior notice of contracting was given by the Carrier as required by Rule 52(a).
There is nothing to demonstrate that any delay in holding a conference was attributable
to the Carrier. For the proposition that the kind of work involved in this dispute has
been contracted out in the past, see Third Division Awards 31651, 31172, 31035 and
Awards cited therein.
This claim shall therefore be denied.
AWARD
Claim denied.
Form 1 Award No. 32864
Page 3 Docket No. MW-31860
98-3-94-3-167
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.