Claim of the System Committee of the Brotherhood that:

1. The Agreement was violated when the Carrier assigned outside forces (W. B. Byler Construction Company) to perform Maintenance of Way and Structures Department work (removed and installed track panels, sub base materials, asphalt and ballast for street crossings) in the vicinity of Mile Post 125,6, on the Lafayette Division, New Iberia, Louisiana on December 21, 1996 through January 27, 1997 (System File MW-97109/ 1056969 SPE).

2. The Agreement was further violated when the Carrier failed to furnish the General Chairman with advance written notice of its intent to contract out said work as required by Article 36.

4. As a consequence of the violations referred to in Parts (1) and/or (2) above, Machine Operators D. L. Mouton, W. J. Batiste, Sr., G. P. Buford and M. D. Rideau shall each be allowed one hundred seventy-

five (175) hours' pay at their respective straight time rates and one hundred sixty-eight and one-half (168.5) hours' pay at their respective time and one-half rates.

Without prior notice to the Organization, the Carrier contracted the work described in the claim to

The claim in this case raises similar issues decided in Award 28 of this Board. For reasons fully discussed in Award 28, this claim shall be sustained with the same remedy.

Claim sustained in accord with

Edwin H. Bern

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Carrier M ber

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Dated: ar~ Z