Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 43657 Docket No. MW-43605 19-3-NRAB-00003-160369
The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin when award was rendered.
(Brotherhood of Maintenance of Way Employes Division (IBT Rail Conference
PARTIES TO DISPUTE: (
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated beginning May 5, 2014 and continuing when the Carrier assigned a contractor (Loram) to perform shoulder ballast cleaning work using five (5) employes to operate a shoulder ballast cleaner on the Huntington Division of the Clifton Forge Seniority District (System File G31180014/2014172127 CSX).
(2) As a consequence of the violation referred to in Part (1) above, Claimants S. Jordan and B. Faulknier shall now each be compensated at their respective and applicable rates of pay for an equal and proportionate share of the total man-hours expended by the outside forces in the performance of the aforesaid work beginning on May 5, 2014 and continuing."
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.
Award No. 43657 Docket No. MW-43605 19-3-NRAB-00003-160369 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 use of contractor forces to perform the disputed work in this claim is actually permitted so long as the number of operators of the contractor's machine does not exceed the limit of three. Although the claim alleges that five operators were used, the record, which includes the statements attached to the Organization's submission (which were not included in the Carrier's submission), confirms that only three contractor employees actually operated the controls of the machine. While it is essentially undisputed that at least two additional contractor employees were present and provided guidance to the three machine operators from their vantage points on the ground, they did not operate the machine.
The record also establishes that the Carrier provided advance notice of the proposed contracting of work via a System Notice dated December 30, 2013.
Given the state of the record herein, no violation of the Agreement was demonstrated. Accordingly, 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 17th day of May 2019.