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:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Jim Dobbas Construction Company) to perform routine
Track Sub-department work (hauling track material) within
the Roseville Yard at Roseville, California commencing on
September 1.4, 1998 and continuing (Carrier's File 1170553
SPW).
(2) The Agreement was further violated when the Carrier failed to
provide the General Chairman with a proper advance written
notice of its intent to contract out the work in Part (1) above in
accordance with Article IV of the May 17, 1968 National
Agreement.
(3) As a consequence of the violation referred to in Parts (1) and/or
(2) above, Claimants R L. Luckett, J. L. Valliere, D. M.
Fullmer and R Palomar shall now each be paid at their
applicable truck driver (semi-trailer) operator rates of pay for
an equal and. proportionate share of all hours expended by the
outside forcers in the performance of said work commencing
on September 14, 1998 and continuing."
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.
Parties to said dispute were given due notice of hearing thereon.
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.
The claim must therefore be denied.
AWARD
Claim denied.
Form 1 Award No. 36832
Page 3 Docket No. MW-36013
04-3-00-3-95
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 28th day of January 2004.