Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43714 Docket No. MW-42613 19-3-NRAB-00003-140304

The Third Division consisted of the regular members and in addition Referee Andria S. Knapp when award was rendered.

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

PARTIES TO DISPUTE: (

(BNSF Railway Company

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned outside forces (R. J. Corman) to perform Maintenance of Way and Structures Departmentwork(cleanswitches)atClovisPointJunction,Donkey Creek Junction, at Mile Post 589.0, at Mile Post 582.2 and at Stewarts Crossing on July 24, 30, August2, 6,8 and 9, 2012 (System File C-12-C100-471/10-12-0736 BNR).

(2) The Agreement was further violated when the Carrier failed to make a good-faith effort to reduce the incidence of subcontracting and increase the use of its Maintenance of Way forces as required by Rule 55 and Appendix Y.

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimants J. Deeth and S. Wetz shall now each be compensated for forty-eight (48) hours at their respective straight time 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.

This claim arose after the Carrier assigned outside forces (RJ Corman) to perform routine track maintenance work (cleaning debris from main line switches) at various locations on the Blackhills and Campbell Sub-Divisions in the Powder River Basin, using ordinary equipment and a vacuum truck. It is the second of three claims relating to the same February 13, 2012, Notice from the Carrier that it intended "to contractforavacuumtruck,asithasdoneinthepast,toperformthenecessary cleaning and maintenance on switches, switch heaters, and other track equipment" on all of the sub-divisions in Powder River West and Powder River North, starting approximately March 1, 2012.

The Board hasalreadyanalyzedthe Notice,in Award 43708. Theonly distinction between the cases is the dates and locations of when and where the work was done. The partiesmadethesameargumentsinthiscaseasthey didinAward43708,andtheBoard adopts the same rationale to conclude that the Notice was not adequate under the Note to Rule 55. At the arbitration hearing, a discrepancy in the hours claimed and the hours worked by the contractor came to light. Claimants are entitled to be paid eight hours each at straight time rates.

AWARD

Claim sustained in accordance with the Findings.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 18th day of June 2019.