1) The Agreement was violated when the Carrier assigned outside forces to

perform Maintenance of Way and Structures work (track welds) at Mile Posts 78.5 and 124.5 on August 19, 20 and 21, 2009.

2) The Agreement was further violated when the Carrier failed to furnish the

General Chairman with a proper advance written notice of its intent to contract said work or enter good-faith discussions on this matter as required by Appendix 8.

3) As a consequence of the violations referred to in Parts 1 and/or 2 above,

Claimants J. Taylor and C. Padgett shall now each be compensated for twenty-four (24) hours at their respective straight time rates of pay. FINDINGS:

The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated December 16, 2010, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

Between August 19 and 21, 2009 the Carrier utilized a contractor to perform track welding at Mile Posts 78.5 and 124.5. This is work that falls within the scope of duties regularly performed

PUBLIC LAW BOARD NO. 7460 AWARD NO. 7 PAGE 2 by members of the Maintenance of Way craft. This claim was filed on behalf of a track welder and a welder helper, contending that the Carrier violated the Agreement, specifically Appendix 8, by contracting out this work.

The issues presented in this case are identical to those raised in Case No. 5 before this Board. In that case, the Carrier asserted that Appendix 8 has no application because the terms of Appendix 10 had been satisfied. As in that case, it is undisputed that the Carrier had at least thirty-six full time active Maintenance of Way employees.

For the reasons fully explained in Award No. 5, we find that the Agreement was not violated.

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