"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside forces (Dick Corporation) to perform Maintenance of Way work (bridge construction/repairs) at the bridge at Mile Post 11.09, commencing on May 11 and continuing through August 15, 1998. [Carrier's File 12(99-541)].

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with proper advance written notice of its intent to contract out said work. and discuss the matter in good faith as required by the Scope Rule.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimants K. G. Champa, F. R. Hoyt, J. D'Orazio, S. J. La Cavera, R H. Zinni, K. Watts, W. D. Nicklow, F. O. Wilson, R C. Burrows, P. J. Kolcan, K. W. Wilson, P. S. Shea, G. Pongonis, R. Sheridan, D. J. Cole, A. A. Colarusso, R J. Crawford, W. A. Suredam, W. T. Benner and W. T. Eaton shall now each be compensated for ten (10) hours' pay at their appropriate straight time rates of pay for each date of May 11, 12, 13, 14, 18, 19, 20, 21, 26, 27, 28, 29, June 1, 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23, 24, 25, 26, 29, 30, July 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, August 3, 4, 5, 6, 7,8,10,11,12,13,14and15,1998."

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.

Like several other nearly identical claims, this case also involves a claimed violation of the Scope Rule when, following due notice and conference discussions in accordance with the second and third paragraphs thereof, the Carrier contracted out the work of repair and rehabilitation of the bridge at Mile Post 11.09 on the Cleveland Short Line, Cleveland, Ohio. Except for the dates cited in the instant claim covering the period May 11 - August 15, 1998 i.e., the beginning of the project, it is identical to that which was decided by the Board in Third Division Award 36716. For reasons set forth more fully therein, the instant claim likewise is denied.

AWARD