Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43591 Docket No. MW-42497 19-3-NRAB-00003-140123

The Third Division consisted of the regular members and in addition Referee Jacalyn J. Zimmerman 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 (Dean Snider Construction) to perform Maintenance of Way and Structures Department (perform site preparation and dirt work, digging footings and make grade) in connection with the construction of a new yard office building near the 12th Street viaduct in the vicinity of Mile Post .5 in the West Yard in Mason City, Iowa on the Fairmont Subdivision beginning on or about October 15, 2012 and continuing (System File B-1201C145/1580526 CNW).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with a proper advance notice of its intent to contract out the above-referenced work or make a goodfaith attempt to reach an understanding concerning such contracting as required by Rule 1 and Appendix '15'.

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

(2) above, Claimants J. Kockler, J. Clausen, C. Grafton, P. Asleson, C. Lewis and D. Austin shall now ' ... each be compensated for the lost opportunity to work, all man/ hours that the contractor's employees performed Maintenance of Way work, at the applicable rates of pay.' (Emphasis in original)."

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.

OnJune7,2012,theCarriernotifiedtheOrganizationofitsintent tosubcontract certain work in connection with the construction of an 8000 square foot pre-engineered metal building with masonry wainscot at 800 12th Street, in Mason City, Iowa. The work consisted of building a foundation system including H piles and Pile caps; demolition of exiting pavement; installing sanitary sewer, water and gas lines, and communication and power conduits; and installing asphalt or concrete pavement for parking. The work also included pavement striping, precast parking bumpers and signage. The parties met in conference on June 27, 2012, as confirmed by the Organization in a July 13, 2012 letter.

The Organization argues that this work is reserved to its members pursuant to Rule 1--Scope of the parties' Agreement and that the Carrier's own Bridge and Building employees have performed such work in the past. Although we agree that the Organization's contentions are generally correct, the record indicates that the Carrier explained in detail why it was not possible for it to complete a project of this magnitude--the construction of an entirely new building--without resort to subcontracting. The Organization has not effectively rebutted the Carrier's contentions and has not demonstrated that its members can perform all of the work required for this particular project. Therefore, the claim must be 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 27th day of March 2019.