"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned outside forces (Railtech Railroad Contractors) to perform Maintenance of Way Track Sub-Department work (make boutet welds and related work) in the Chicago Yards on dates beginning September 1, 2004 and continuing through September 16, 2004, instead of Track Department employes (System File BMWE-518 NRP).

(2) The Agreement was further violated when the Carrier failed to give the General Chairman proper advance written notice of its plans to contract out said work or make a good-faith attempt to reach an understanding concerning said contracting as required by Rule 24.

(3) As a consequence of the violation referred to in Parts (1) and/or (2) above, all Track Department employes with an active employment relationship during the above-referenced period shall now be compensated at their applicable rates of pay for an equal share of the total man-hours expended by the outside forces in the performance of the aforesaid work beginning on September 1, 2004 and continuing through September 16, 2004."

The Third Division of the Adjustment Board, upon the whole record and all the evidence, fords 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 letter dated February 6. 2004, the Carrier notified the Organization of its intent to use outside forces for work in the Chicago Yards. As a result, this claim followed.

Thic tiicnutp nricec not of tha enma traneartinn anti claim flPP1llAll hX7 thn ~nor`1 in Third Division Award 38195. For reasons set forth in that Award, this claim will be denied.

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