Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36832
Docket No. MW-36013
04-3-00-3-95

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 [former Southern
( Pacific Transportation Company (Western Lines)]

STATEMENT OF CLAIM:





Form 1 Award No. 36832
Page 2 Docket No. MW-36013
04-3-00-3-95

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.




By notice dated July 9, 1997, the Carrier advised the Organization of its intent to contract out the reconstructing of Roseville Yard and requested the Organization to advise if a conference was desired. The Organization did not request a conference. The claim was filed protesting the performance of the work by outside forces.


The Organization's failure to request a conference bars the Organization from contesting the propriety of the Carrier's contracting out the disputed work. Third Division Award 31016 (". . . where the Organization has failed to take advantage of its Agreement right to have a meeting and engage in good faith discussions following the Carrier's indicated willingness to hold a conference, this Board has held that the Organization is precluded from challenging the resulting contracting"). See also, Third Division Awards 28337 and 24888.







Form 1 Award No. 36832
Page 3 Docket No. MW-36013
04-3-00-3-95



This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.


                      By Order of Third Division


Dated at Chicago, Illinois, this 28th day of January 2004.