Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39274
Docket No. MW-37905
08-3-NRAB-00003-030250
(03-3-250)
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific 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 (Dan R. Dalton, Inc.) to perform Maintenance of Way and
Structures Department work (bridge straightening) at Bridge
146.94 on the Seattle Subdivision on March 21, 2002 and
continuing through March 28, 2002 instead of Northwestern
District Steel Erection employes R. R. McDonald, J. L. Geiss and
S. E. Burgos (System File C-0252-106/1319740).
(2) The Agreement was further violated when the Carrier failed to
furnish the General Chairman with a proper advance written
notice of its intention to contract out said work and failed to make
a good-faith effort to reduce the incidence of contracting out
scope covered work and increase the use of its Maintenance of
Way forces as required by Rule 52 and the December 11, 1981
Letter of Understanding.
(3) As a consequence of the violations referred to in Parts (1) and/or
(2) above, Claimants R. R. McDonald, J. L. Geiss and S. E.
Burgus shall now `. . . each be allowed at their applicable rate a
proportionate share of the total hours, both straight and overtime
hours worked by the contractor doing the work claimed as
compensation for loss of work opportunity suffered when the
Carrier failed to assign Claimants the work of straightening
Form 1 Award No. 39274
Page 2 Docket No. MW-37905
08-3-NRAB-00003-030250
(03-3-250)
Bridge 146.94 on the Seattle Subdivision in the Northwestern
District."'
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.
This is the same dispute, but at a different location, as discussed in Third
Division Award 39273. For reasons stated in that Award, this claim shall also be
denied.
AWARD
Claim denied.
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 July 2008.