Claim of the System Committee of the Brotherhood that:

1. The Agreement was violated when the Carrier assigned an outside concern (Pacer Trucking Company) to transport roadway track equipment from Beaumont, Texas to Denver, Colorado commencing April 15, 1996 (System File MW-96105/BMW 96-204 SPE).

2. The Agreement was further violated when the Carrier failed to give the General Chairman proper advance written notice of its intention to contract out the work in question in accordance with Article 36 and violated the December 11, 1981 Letter of Agreement when it failed to make a good-faith effort to reduce the incidence of contracting and to rent or lease equipment if necessary to perform this work.

3. The Agreement was further violated when the Carrier's highest designated officer failed to give reasons for denying the claim in its January 24, 1997 letter as required by Article 15, Section 1(a).

4. As a consequence of the violations referred to in either Parts (1), (2) and/or (3) above, Heavy Duty Truck Drivers J. R. Olivier and P. W. Johnson shall now be allowed thirtytwo (32) hours of pay at the truck driver's straight time rate and sixteen (16) hours of pay at the truck driver's time and one-half rate.

Without prior notice to the Organization, the Carrier utilized a contractor to move equipment between locations on the Eastern Lines and the D&RGW.

For the reasons set forth in Award 13 of this Board, this claim shall denied.

Claim denied.

Edwin H. Berm

N utral Member c

Carrier Me ber ation Mem