Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42110 Docket No. MW-42149 15-3-NRAB-00003-130090

The Third Division consisted of the regular members and in addition Referee Patrick Halter when award was rendered.

(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference

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 (A. R. Johnston Co.) to perform Maintenance of Way weed and brush cutting duties on the right of way near West Albina at Mile Post 2 in Portland, Oregon on August 13 and 14, 2011 (System File T-1152U-521/1561816).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with a proper advance written notice of its intent to contract out the aforesaid work and when it failed to make a good-faith effort to reach an understanding or 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 National Letter of Agreement.

(3) As a consequence of the violations referred to in Parts (1) and/or

(2) above, Claimants M. Hallgren, B. Nelson, D. Jolly and J. Campbell shall now each be compensated for twenty (20) hours at their respective overtime rates of pay."

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.

Having reviewed the record, the Board finds that this claim was timely and properly presented and handled by the Organization at all stages of appeal up to and including the Carrier's highest designated officer. As a result of that review, the Board is fully apprised of the Organization's and the Carrier's arguments including documents relied upon (emails, statements) and precedent cited (arbitral Awards) by each Party in support of its position.

The claim dated October 7, 2011 presents the issue as to whether the Carrier complied with the Collective Bargaining Agreement when it deployed outside forces for right-of-way weed and brush cutting at Mile Post 2 in Portland, Oregon, on August 13 and 14, 2011. Outside forces and equipment consisted of "four men, chain saws, and weed eaters" working from 6:00 A.M. until 4:30 P.M. each day.

The claimed work - "weed and brush cutting duties on a right of way" - is scope-covered work. The Carrier's May 26, 2011 notice and the claimed work, along with each Party's arguments and precedent - are at least substantively similar, if not identical, to those in on-property Third Division Award 42075 where the claimed work - "cut weeds and brush and related work" - was adjudicated with the claim being denied. The Board will not deviate from the precedent established in Award 42075 in this proceeding, because its findings and conclusion are not exposed as palpably erroneous. Therefore, the instant claim is denied.

AWARD

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 13th day of July 2015.