AWARD N0. 14

Carrier File No. 4MWB 88-09-26

Organization File No. T-W 347




1. The Carrier violated the Agreement when it assigned outside forces to perform work constructing a track line change (clearing, grubbing and grading the right-of-way, installation of culverts, brush cutting and related work) between Mile Post 12.5 and Mile Post 19.4 near Boyleston, Wisconsin beginning on April 5, 1988 and continuing (System File T-W-347/4MWB 88-90-26).

(a) Machine Operators M. F. Salzer, D. J.
 Mercier, G. E. Richards, D. Bertram, K.W. Olson,
 J. S. Peterson, D. W. Kolodzeske, G. W. Southworth,
 G. T. Ramsey, G. L. Eklund, R. A. Nikstad, R. L.
 Schauff, R. L. Memmenga and K. R. Bertram shall each
 be allowed pay at their respective straight time
 rate, for an equal proportionate share of the four
 thousand two hundred eighty (4,280) man-hours con
 sumed by the outside forces performing the machine
 operator work involved in the project referred to
 in Part (1) hereof, beginning on April -5 through
 and including June 2, 1988. In addition, the afore
 mentioned Claimants shall each be allowed pay at
 their respective straight time rate, for an equal
 proportionate share of the total number of man
 hours consumed by the outside forces performing
 machine operator w

 ject referred to i on June 3, 1988 an

 PLB No. 4768
 Award No. 14
 Page 2

 p

 ork in connection with the pro-

 Part (1)-hereof, beginning d continuing.

 (b) Messrs. J. G. McMullen, J. J. Radakovich,

 K. Vendela, A. E. Hudacek, R. J. Lucas, J. A. nson, R. L. Bender, J. M. Lundgren, W. J. Bach,

 D. Paulson, J. A. Shober, J. A. Eyer and E. R.

 J H; P

 Schrader shall each be allowed pay at the-it respective straight time rates, for an equal proportionate share of the one thousand seven hundred eighty (1,780) manhours consumed by the outside forces performing the labor work involved in the project referred to in Part (1) hereof, beginning on April 5 through and including June 2, 1988. In addition, the aforementioned Claimants shall- each be allowed pay at their respective straight time rate, for an equal proportionate share of the total number of manhours consumed by the outside forces performing labor work in connection with the project referred to in Part (1) hereof, beginning on June 3, 1988 and continuing.

 F I N D I N G S

 On February 12,

 1988, the Carrier notified the General

 Chairman of the Carrier's intent to relocate and change its line of trackage over seven miles near Boyleston, Wisconsin.

 This was in connectso

 of the Soo Line which

 to operate over the

 In the notice,

 work to be contracte aspects of the project

 tenance of Way employees.

 n

 with the Carrier's purchase of a segment was to be rebuilt, enabling the Carrier

 formez Soo Line trackage.

 d

 the Carrier identified 17 phases of the to an outside firm and identified ten

 to be performed by the Carrier's Main-



A conference between the parties did not alter the Carrier's intentions. Thereafter, the Organization raised its claim to have all or most of the work performed by Maintenance of Way employees. As in many other instances of this nature, the Organization relies in part on the Note to Rule 55, which states in pertinent part as follows:

      The following is agreed to with respect to the contracting of construction, maintenance or repair work, or dismantling work customarily performed by employees in the Maintenance of Way and Structures Department.


      Employes included within the scope of this Agreement in the Maintenance of Way and Structures Department, including employes in former GN and SP&S Roadway Equipment Repair Shops and welding employes perform work in connection. with the construction and maintenance or repairs of and in connection with the dismantling of tracks, structures or facilities located on the right of way and used in the operation of the Company in the performance of common carrier service, and work performed by employes of named Repair Shops.


      By agreement between the Company and the General Chairman, work as described in the preceding paragraph which is customarily performed by employes described herein, may be let to contractors and be performed by contractors' force. However, such work may only be contracted provided that special skills not possessed by the Company's employes, special equipment not owned by the Company, or special material available only when applied or installed through supplier, are required; or when work is such that the Company is not adequately equipped to handle the work, or when emergency time requirements exist which present undertakings not contemplated

                                  PLB No. 4768

                                  Award No. 14

                                  Page 4


      by the Agreement and beyond the capacity of the

      company's forces . . . .


Many if not all of the individual tasks involved in this type of construction are, as the Organization contends, customarily performed by Maintenance of Way employees. A review of the extensive claim handling record, however, demonstrates that projects of this magnitude have on numerous occasions been performed in whole or in part by outside forces.- The Board finds that, in such projects, it is essential to review the overall nature of what is involved.
 The Organization points out various aspects of the work which might be accomplished by Carrier forces through the use of Carrier equipment or equipment which might be rented for the purpose. Nevertheless, this is not sufficient to defeat the Carrier's contentions that the major track relocation project did involve, "special skills" (as to certain of the equipment, in particular) and "special equipment not owned" by the Carrier. In addition, the Carrier logically points to the necessity of completing the work by a November deadline.
 Thus, the Organization has not established that projects such as involved here are "customarily performed" by Carrier forces. The Organization has proposed the possible use of certain Carrier equipment or indicated the feasibility of renting other equipment. Some of this is, however, conjecture,
                                  PLB No. 4768

                                  Award No. 14

                                  Page 5


probably outside the realm of practical application. In sum,
 the Organization has not provided convincing proof as to the
 inapplicability of those circumstances provided in the Note
 to Rule 55 under which such work "may be let to contractors
 and be performed by contractors' forces".
 A W A R D

      Claim denied.


      y /

      HERBERT L. MARX, JR., Chairman and Neutral Member


            MARK J SCHAPP i9GH, mployee Member


                      ' J


WENDELL A. BELL, Carrier Member NEW YORK, Y DATED: