Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38383
Docket No. MW-37627
08-3-NRAB-00003-020751
(02-3-751)
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(BNSF Railway Company (former Burlington
( Northern Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System 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 (form and pour concrete pads and fuel
containment collection system and other general construction)
at Galesburg, Illinois beginning on April 6, 1998 and
continuing instead of Messrs. M. Wilkins, L. Tracy, D. Brackett
and B. Lahart. (System File C-98-C100-103, MWA 98-08-7ADBNR)
(2) The Agreement was violated when the Carrier assigned outside
forces to perform Maintenance of Way and Structures
Department work (weld pipe, fabricate steel framework, storm
sewer construction, piping and related work) at Galesburg,
Illinois beginning on April 8, 1998 and continuing instead of
Messrs. L. Friend, D. Foutch, W. Baker, J. Murphy and D.
Bertlesen. (System File C-98-0100-102, MWA 98-08-7AC.)
(3) The Agreement was further violated when the Carrier failed to
provide the General Chairman with proper advance notice of
its intent to contract out said work or make a good-faith effort
Form 1 Award No. 38383
Page 2 Docket No. MW-37627
08-3-NRAB-00003-020751
(02-3-751)
to reduce the incidence of subcontracting and increase the use
of its Maintenance of Way forces as required by Rule 55 and
Appendix Y.
(4) As a consequence of the violations referred to in Parts (1)
and/or (3) above, Claimants M. Wilkins, L. Tracy, D. Brackett
and B. Lahart shall now each be compensated for eight (8)
hours' pay at their respective straight time rates of pay for
each day the outside forces performed the aforesaid work
beginning April 6, 1998 and continuing.
(S) As a consequence of the violations referred to in Parts (2) and
(3) above, Claimants L. Friend, D. Foutch, W. Baker, J.
:Murphy and D. Bertlesen shall now each be compensated for
eight (8) hours' pay at their respective straight time rates of
pay for each day the outside forces performed the aforesaid
work beginning April 8, 1998 and continuing."
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 letter dated February 4, 1998, the Carrier notified the Organization of its
intent to contract out work on the fueling facility at Galesburg, Illinois. At the
request of the Organization, the parties met in conference to discuss the proposed
Form 1 Award No. 38383
Page 3 Docket No. MW-37627
08-3-NRAB-00003-020751
(02-3-751)
project. On May 13, 1998 the Organization fled two claims, each involving
different portions of the project at issue. The claim was denied on July 9, 1998, and
subsequently progressed up and to the highest Carrier Officer authorized to handle
such matters, including conference on the property. By agreement of the parties,
the claims were consolidated and submitted to the Board for resolution.
The evidence on this record clearly shows that the Carrier gave proper notice
to the Organization regarding its intention to contract out the work at issue. We
find that the Organization failed to meet its burden of persuasion that the
contracting out of this work was in any way violative of the Agreement.
Accordingly the instant claim must be denied.
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 21st day of December 2007.