PUBLIC LAW BOARD NO. 3765

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* Consolidated Rail System Federation
Parties * Brotherhood of Maintenance of Way
to the * Employees * Case No. 32
Dispute

* VS.

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* Grand Trunk Western Railroad Company

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STATEMENT OF CLAIM

That Claimants R.D. Randall, B & B Foreman, and R.E. Crandall Carpenter be paid eight hours each for September 22 and 23, 1987 Account Carrier Contract out driveway repaving at MoTerm Ferndale, Michigan.

OPINION OF THE BOARD

Carrier contracted for the paving of a ramp at MoTerm in Ferndale, Michigan. Carrier contended that the equipment needed to perform the work was not available and its B & B employes did not have the expertise to operate the equipment if they did have it. Carrier also argued that it has always contracted out such paving jobs. It presented numerous Contracts to support its position on this point. It finally argued that even if the contracting was

3765- 3.;?-

2 inappropriate, no wages are due Claimants, since they were fully employed, under pay, on the claim dates.
Petitioner, in this instance, has not supported its claim that an Agreement violation took place. Paving has been contracted out in the past and Claimants were under full pay on the claim days. The Board can find no basis on which to grant this claim.

AWARD The claim is denied.

~~ s . V.-w,,,_,

R.E. Dennis, Neutral Member

Jo A. DeRoche, Carrier Member ason mploye Member

February 20, 1991