"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside fforces (Davidson & Sons Contracting Company) to perform Maintenance of Way work (operate equipment to remove snow from right of way) on the Oakridge District of the Oregon Division on January 13, 14, 15, 17, 18, 19, 20, 21, 24, 25, 26, 27 and 28, 2000 and continuing instead of Machine Operator W. P. Grotte (Carrier's File 1228447 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, Claimant W. P. Grotte shall now I. . . be compensated for all wages and benefits lost from January 13, 2000 through January 28, 2000, and continuing until the violation ceases to exist. His payment shall be an equal and proportionate share of all hours worked by the Davidson & Sons employees, which shall be no less than the one-hundred & four (104) straight time hours and the twenty (20) overtime

Tha Third llivicinn of the AdinetmPnt Rnurdnnnn the whnl, rpenrd and all the

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 Claimant holds seniority in the Track Sub-department on the Oregon Division, Eastern Seniority District. In January 2000, he was assigned as a Class 17 Tractor-Bulldozer Operator headquartered at Eugene, Oregon.

On January 13-15, 17-21 and 24-28, 2000, the Carrier utilized Davidson & Sons Construction Company to remove snow from the right-of-way on the Oakridge District of the Oregon Division. The Claimant did not regularly work on this territory. He was headquartered at Eugene, Oregon, approximately 200 miles away.

On March 13. 2(1(10, the Claimant filed a claim contending that he should have been assigned the snow removal work contracted to the Davidson & Sons Construction Company in January 2000. He alleged that snow removal from the right-of-way has customarily, historically and traditionally been performed by the

ThP , 7YYi~Y /14~7~(1 +hu nlnim 41 1 *1 C _ T__t_

_.... ...»__.., _w_a.ae uaa. ~aaaaaa argilirAg LlIaL Llle 0t,VPG Kum 111 quesuun is general in nature. Therefore, the Organization must demonstrate that snow removal is reserved exclusively to Sub-department employees, which was not established, according to the Carrier. The Carrier insists that it has always contracted the removal of snow from its right-of-way.

_~.,._ 1.__t.__ . 1 ,_, .,uvv. aa.auvassa oei dives via aia GUCU kiaJiJ.

The Board is unable to resolve this factual dispute. The dichotomy cannot be reconciled. Therefore, we are unable to address the issue of whether the notice requirement mandated by Article IV of the May 17, 1968 National Agreement was met in this case.

We find that the Carrier has the right to use a contractor to clear snow from the right-of-way during an emergency. However, any emergency caused by the snow storm in the Cascade Mountains in January 2000, would not have lasted 13 davc by anv reacnnnhlr ctandarrl Nnvarthnlncc tha l7~;*,.~nt hn.a *, ,.e,.._,t....l

.__ ,._ 4~ _._. - , v, s,v v,a_uu,ac aauu uv ivW aaa.LLlaa

As observed above, the Claimant was headquartered at Eugene, Oregon, on the Eastern Seniority District approximately 200 miles from the Cascade Mountains. He was fully employed on his territory between January 13 and 28, 2000. Moreover, if overtime was worked during the snow removal on the Oakrid2e District, employees regularly assigned to that territory had preference to the overtime work. The Claimant had no preference to overtime on this territory. Because the Claimant lost no earnings, regular or overtime, when a contractor was used to remove cnnw frnm the rivht-nf_wav nn tha O~Lrrirlrtn llietrint ia, 7.__,.,Y.r 2000, the claim must be denied.

AWARD