Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


Award No. 45221 Docket No. MW-45476

24-3-NRAB-00003-230251


The Third Division consisted of the regular members and in addition Referee Melinda Gordon 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 Agreement was violated when the Carrier assigned outside forces (BP Construction, Meridian Oil and Jeff Asbell Construction) to perform Maintenance of Way Department work (loading and hauling rock and cleaning ditches) to various locations at or near Mile Post 310 to at or near Mile Post 313.8 on the Cherokee Subdivision on May 1, 2, 3, 4, and 5, 2017 (System File 493-SLA8-1769/14-17-0235 BNS).


  2. The Agreement was further violated when the Carrier failed to notify the General Chairman, in writing, as far in advance of the date of the contracting transaction as is practicable and in any event not less than fifteen (15) days prior thereto regarding the aforesaid work and when it failed to assert good-faith efforts to reach an understanding and reduce the amount of contracting as required by Appendix No. 8 and the December 11, 1981 National Letter of Agreement.


  3. As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimants W. Copening, J. Brake, T. Swob, G. Winterhalter and S. Meek shall now each be compensated for one hundred twenty (120) hours at their respective rates of pay.”

Form 1 Award No. 45221

Page 2 Docket No. MW-45476

24-3-NRAB-00003-230251


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 Brotherhood of Maintenance of Way Employees withdrew the claim, and the claim is 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 28th day of March 2024.