Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


Award No. 45241 Docket No. MW-46501

24-3-NRAB-00003-200753


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 or otherwise allowed outside forces (LG Pike Construction) to perform Maintenance of Way Department work (unloading bridge materials and other pilings) at or near Mile Post 226.4 on the Emporia Subdivision on January 30, 2019 and continuing (System File 2405-SLA&-1924/14-19-0217 BNS).


  2. The Agreement was further violated when the Carrier failed to notify the General Chair- man, 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 work referred to in Part (1) above 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 B. May and A. Rutschman shall now each be compensated ten (10) hours and continuing at their respective rates for all hours worked by the outside forces during the claim period.”

Form 1 Award No. 45241

Page 2 Docket No. MW-46501

24-3-NRAB-00003-200753


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.