"Claim of the System Committee of the Brotherhood that:

(1) Tile Agreement was violated when the Carrier assigned outside forces to perform Maintenance of Way work (operate equipment for excavating and grading) in preparation of installing a running track at the Howard's Siding Project in the vicinity of Mile Posts A 123 and A 124 on the Canadian Main Line beginning on May 11, 2001 and continuing, instead of assigning said work to system equipment operators (Carrier's File 8-00200 DHRI.

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with proper advance written

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11UL11;C Ul ILJ IlIA.CIILIUll tU contract out the aforesaid worK or make a good-faith effort to reduce the incidence of subcontracting and increase the use of its Maintenance of Way forces as required by Rule I and Appendix H.

(3) As a consequence of the violations referred to in Parts (1)

and/or (2) above, the senior furloughed system equipment

operators. euual to the number of contracted emnlovPC. chall hi -

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I A

compensated at their respective rates of pay on an hour for hour basis for all time worked by the outside forces in the

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.

This case is essentially identical to the matters decided in Third Division Awards 38149 and 38151. For reasons set forth in detail in those Awards, the instant claim is denied.

AWARD