Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43530 Docket No. MW-42783 19-3-NRAB-00003-140477

The Third Division consisted of the regular members and in addition Referee Kathryn A. VanDagens when award was rendered.

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

PARTIES TO DISPUTE: (

(Union Pacific Railroad Company (former Missouri 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 (Kelly Hill Contractors) to perform Maintenance of Way Department work (building a new track) between Mile Post .20 and Mile Post .40 in the Kansas City Terminal on May 9, 10, 11, 13, 14, 15, 16 and 21, 2013 (System File UP100BP13/1587269 MPR).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with proper advance notice of its intent to contract out said work or make a good-faith effort to reach an understanding and reduce the amount of contracting as required in Rule 9 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 A. Thomas, M. Kinney, E. Perez, T. Tippen,

J. Horn and A. Brumley shall now each be compensated '... for ten (10) hours per day, and all overtime worked by Kelly Hill Contractors for time period May 9, 10, 11, 13, 14, 15, 16, and 21, 2013.'"

Form 1 Award No. 43530

Page 2 Docket No. MW-42783

19-3-NRAB-00003-140477

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.

At the hearing the Board was informed that the matter was settled on the property and therefore the claim should be dismissed.

AWARD

Claim dismissed.

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 27th day of March 2019.