(I) The Agreement was violated when the Carrier assigned outside forces (R. J. Corman) to perform Maintenance of Way and Structures Department work (haul material, install ties and related work) on main line track between Mile Post 136.00 in the vicinity of Banquette, Texas and Mile Post 3.00 in the vicinity of Laredo, Texas beginning on August 18, 2003 and continuing (System File EPTM-03-112/260).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with a proper notice of its intent to contract out the work in question and failed to exert a goodfaith effort to increase the use of Maintenance of Way forces and reduce the incidence of employing outside forces pursuant to Rule 29 and the December 11,1981 Letter of Agreement.

(3) As a consequence of the violations referred to in either Parts (1) and/or (2) above, Claimants E. Lara, R. Garza, J. Lopez, V. Moncivais, T. Vasquez, J. Garcia, R. Cooling, A. Vira, G. Vasquez, N. Saenz, M. Paz, L. Serna, A. Ardride, F. Rodriguez, R. Guardiola, J. Herrera, Jr., A. Campos, III and A. Jimenez shall now each be compensated for three hundred sixty (360)

Form I Award No. 38949

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 notices and conference discussed in Third Division Award 38948 are applicable to the work involved in this dispute. For reasons set forth in that Award, this claim, which covers different aspects of the project discussed in that Award, also does not have merit and will be denied.

AWARD