Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Baltimore and Ohio Railroad Co:npsns
STATEMENT Claim on behalf
of"
CarpenterS Edward L. Kidwell,
CLAIM: Steven E. Kesner, David V. Stonebraker and
Howard Courtney for 224 hours to
be eq~iatly
divided at their respective rates of pay account
George Construction Compaav performing carpenter
and masonry work from February 14 to April 1,
1977, on three new block buildings at Cumberlan.9
while claimants were
furloughed.
FINDINGS: Petitioner contends that Carrier's use of an
outside contractor, George Construction Company,
for the total design. and construction of three
yard service buildings on a turnkey contract
basis is incompatible with it.s commitments under
2
the Scope Rule. It is Carrier's position that it Could properly
farm out the work in view of the magnitude
of
the p;~jt.~t, special
skills involved and tine in which the job had to ba :orpletel. -
The controlling rules were considered in our
Award No. I (Case No. 2) which resolved a similar dispute.
The work contract involved 2700 man days of work
and every phase of the design and construction, including plumbing,,masonry, carpentry and electrical features, were performed
by the contractor. At the time the contract was let, all B & R
employes were fully employed. These factors have not been explained away o_ rebutted by evidence, although they were presrnte.,
while the claim was under discussion on the property.
On the basis of this record, it is our conclusion
that the use of an outside contractor was permitted by Rule 1(b)
5(a) 1, 2 and 5.
AWARD: Claim denied.
Adopted at Baltimore, Maryland,!t~=~?l I~0:
' r _
Harold M. Weston, Chairman
1~2?
A,
Carrier Member Employe Member
(0336