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 undisputed record evidence establishes that, sometime prior to mid-July 1997, the Carrier contracted with J. R. Bowman Construction Company to construct an office building and concrete loading ramp connected to the Heavy Car Repair Shop at Erwin, Tennessee. Nor is it disputed that the Carrier subcontracted that work without advance notice to BMWE General Chairman T. R. McCoy, Jr. and without the opportunity for discussion, as mandated by the good-faith effort commitments in the December 11, 1981 Hopkins-Berge Letter and Rule 48 of the Agreement. As discussed further in companion Third Division Award 36094 the Carrier temporarily suspended performance of the improperly subcontracted work on September 8 after the Organization filed the instant claim on September 4, 1997.

Because of the blatant and unmitigated failure of the Carrier to comply with the notice and good-faith discussion provisions of Rule 48 and the December 11, 1981 Hopkins-Berge Letter, we will sustain Parts 1 and 2 of the claim. As for Part 3, notwithstanding the Carrier's "full-employment" defense, there is ample on-property precedent, 1.

.& in Third Division Awards 30970, 31597 and 31777 for awarding each of the named Claimants compensation at his/her respective and applicable rates of pay for an equal proportionate share of the 523 man-hours expended by the outside forces in the performance of the work in question, for the period beginning July 16,1997 and ending with the temporary suspension of the subcontracting on September 8, 1997.

AWARD