Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37353
Docket No. MW-36987
05-3-01-3-567
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
STATEMENT OF CLAIM:
"Claim of the Systems Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces to perform Maintenance of Way and Structures
Department work (break out concrete and auger holes to install
sump pumps for new drainage system and re-pour concrete
and related work) in Tunnel #5 at Curvo Mile Post 931.25 and
in Tunnel #6 at Mile Post 931.35 commencing on June 5,
through June 9, 2000 and continuing on June 12, through June
15, 2000, instead of Wyoming Division Group 3 Bridge and
Building Subdepartment employes J. F. Williams, G. Roper
and B. L. Warmer (System File W-0052-163/1243633).
(2) The Agreement was further violated when the Carrier failed to
furnish the General Chairman with a proper advance written
notice of its intention to contract out said work and failed to
make a good-faith effort to reduce the incidence of contracting
out scope covered work and increase the use of its Maintenance
of Way forces as required by Rule 52 and the December 11,
1981 Letter of Understanding.
(3) As a consequence of the violations referred to in Parts (1)
and/or (2) above, Claimants J. F. Williams, G. Roper and B. L.
Warner shall now each "*** be allowed compensation for the
Form I Award No. 37353
Page 2 Docket No. MW-36987
05-3-01-3-567
loss of work opportunity suffered for compensation for all
hours worked by the outside contracting force on the referred
to dates, this pay must be at their respective Group 3 straight
time and overtime rates of pay."
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.
The Carrier notified the General Chairman by letter dated May 15, 2000 of
its intention to contract out work at "Tunnels #5 and #6 on the Evanston
Subdivision near Evanston, WY." In that letter, the Carrier described the work to
be contracted as "[p]roviding all labor, tools and equipment for moisture testing,
rock anchoring, and installation of sump pumps needed to solve moisture
problems." The May 15, 2000 letter met the Carrier's notice obligations under Rule
52.
In the claim, the Organization describes the disputed work as "break out
concrete and auger holes to install sump pumps for a new drainage system and repour concrete and related work" - i.e., concrete work. "The ability of the Carrier to
contract out concrete work under Rule 52(b) has been upheld in Third Division
Awards 31730, 31651,.31287, 31172, 31035, 31029, 31028, 30287 and 30262." Third
Division Award 32333. Those Awards are not palpably in error and will be followed
for this type of work.
Form I Award No. 37353
Page 3 Docket No. MW-36987
05-3-01-3-567
AWARD
Claim denied.
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 24th day of February 2005.