Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 42499 Docket No. MW-41959 17-3-NRAB-00003-120294
The Third Division consisted of the regular members and in addition Referee Robert A. Grey when award was rendered.
(Brotherhood of Maintenance of Way Employes Division ( IBT Rail Conference
PARTIES TO DISPUTE: (
(Union Pacific Railroad Company (former Southern ( Pacific Transportation Company [Western Lines])
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside forces (Rick Franklin Company and/or Davidson Construction) to perform Maintenance of Way and Structures Department work (remove snow) from railroad access roads on the Cascade Subdivision on December 29, 30 and 31, 2010 and continuing (System File T-1159S-504/1551316 SPW).
(2) The Agreement was further violated when the Carrier failed to provide the General Chairman with an advance notice of its intent to contract out the aforesaid work or make a good-faith effort to reduce the incidence of subcontracting and increase the use of Maintenance of Way forces in accordance with the provisions of Rule 59, Article IV of the May 17, 1968 National Agreement and the December 11, 1981 Letter of Understanding.
(3) As a consequence of the violations referred to in Parts (1) and/or
(2) above, Claimant W. Grotte shall now be compensated for twenty-seven (27) hours at his respective straight time rate of pay for the hours expended by the outside forces on December 29, 30 and 31, 2010 and he shall be compensated at his applicable rate of pay for any hours expended by the outside forces in the performance of the aforesaid work on January 1, 2011 and continuing."
Form 1 Page 2
Award No. 42499 Docket No. MW-41959 17-3-NRAB-00003-120294
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 record establishes that the work in question was performed on land owned by the United States Forest Service. The Carrier does not own, lease or maintain the land where the work was performed.
The Organization has not proven that it has the right to perform work on property not owned, leased or maintained by the Carrier. Therefore, the Organization has not met its burden of proof, and the Claim must be denied.
The Organization's remaining arguments are unpersuasive on this record.
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 11th day of January 2017.