"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside forces (Hulcher Contracting) to perform routine Maintenance of Way and Structures Department work (switch installations) on the Missabe Division on July 28 and 29,1998 in the vicinity of Keenan, on July 30,1998 at BN Saunders, on August 13,1998 at Nopeming, and on August 14,1998 at Mountain Iron Yard (Claim No.18-98).

(2) As a consequence of the violation referred to in Part (1) above, the two (2) senior crane operators working in the classification, the oldest Class B Machine Operator working in the classification and the four (4) oldest laborers working in the classification on the Missabe Division shall each be compensated for an equal proportionate share of the total number of man-hours expended by the employes of the outside forces while performing said Maintenance of Way work."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

Supplement No. 3 provides, in essence, that the Carrier make "every reasonable effort" to perform all maintenance work with its own forces; provide notification in writing to the General Chairman concerning proposed contracting to outside forces; and afford the General Chairman opportunity to discuss the matter.

The Carrier notified the General Chairman of its intention to utilize a contractor with "side-boom dozers" to assist Maintenance of Way forces in various "turn-out installations around the system." Conference was requested by and granted to the General Chairman.

The record shows that the Carrier did not own equipment to perform the portion of the work contracted and that its forces were not experienced in operating such equipment, even it were available. The Carrier met its obligations under Supplement No. 3 and maximized the use of its forces in the work, thus demonstrating the "good faith" required in such matters.

,WARD