AWARD NO. 26 CASE NO. 26

PUBLIC LAW BOARD NO. 6249

PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
TO )
DISPUTE ) UNION PACIFIC RAILROAD COMPANY (FORMER SOUTHERN
PACIFIC TRANSPORTATION COMPANY (EASTERN LINES))

STATEMENT OF CLAM

Claim of the System Committee of the Brotherhood that:


1. The Agreement was violated when the Carrier assigned an outside contractor (J. C. Trucking Company) to haul a tie handler from the A&WE Shop in Denver, Colorado to San Antonio, Texas on November 19, 20, 21 and 22, 1996 (System File MW-97-51 / 1042585 SPE).


2. The Agreement was further violated when the Carrier failed to give the General Chairman advance written notice of its intention to contract out the work in question in accordance with Article 36.


3. The Agreement was further violated when the Carrier failed to act in good faith when it failed to rent or lease the equipment allegedly needed and failed to reduce the incidence of subcontracting and use Maintenance of Way employes.


4. As a consequence of the violations referred to in Parts (1), (2) and/or (3) above, Machine Operator R. W. Crim shall be allowed thirty-two (32) hours' pay at the machine




OPINION OF BOARD

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.

AWARD












Dated: a~.l z,. ;Z 2~