The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.
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.
The principles that apply to the instant claim have been well established in an extensive line of Board Awards between these same parties and need not be restated here. See, for examples, Third Division Awards 32861, 35378, 36225, 36227, 36527, 36541, 36573, 36575, and 38012.
The work in dispute was of the kind previously performed by Carrier forces, therefore the Carrier was required to provide the General Chairman with advance written notice of its intention to contract the work. It is undisputed that the Carrier did not provide such notice. The consequence of the failure to provide notice, in line with the cited Awards, is to compensate the Claimants for the number of hours worked by the contractor forces to the extent the Claimants were not unavailable. The Awards establish that the straight time rate of pay is proper for such notice violations. Thus, on the record before the Board, the only question remaining for determination is the amount of the damages to be awarded to the respective Claimants.
It was undisputed that Claimant Konetzke severed his employment with the Carrier and released all pending claims during handling on the property. Because these claims were presented as being personal to the Claimants named, his portion of the claim is extinguished and no compensation is awarded to him. Claimant Smithson's claim was reduced by the Organization to 13 hours for November 11, 1999 due to duplication of hours in a different claim. Smithson should be compensated for the 13 hours. The claim for J. A. Gresk should be reduced by 24.5 Form 1 Award No. 38965
hours due to vacation on three of the claim dates. Accordingly, he is awarded 39.5 straight time hours of additional compensation. The claim for J. E. Gresk should similarly be reduced by 22 hours due to his being on vacation and/or training on November 1 and 3, 1999. As a result, he is awarded 42 straight time hours off addition compensation.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.