PARTIES TO DISPUTE:



          Union Pacific Railroad Company


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          carrier assigned outside forces (A&K

          Materials) to perform Maintenance of Way work

          (cut, load, transport and stockpile rail)

          between Mile Posts 392 and 406 on the

          Nebraska Division commencing March 18, 1998

          and concluding on May 1, 1998 (System File W

          9852-151/1138973).


          2. The Agreement was further violated when

          the Carrier failed to furnish the General

          Chairman with proper advance written notice

          of its intention to contract out said work

          and failed to make a good-faith attempt to

          reach an understanding concerning said

          contracting as required by Rule 52(a).


          3. As a consequence of the violations

          referred to in Parts (1) and/or (2) above,

          Eastern District Roadway Equipment Operator

          C. A. Stoll, Nebraska Division Group 15(D)

          Truck Drivers J. D. Woodward, C. A. Powell,

          Group 15(C) Truck Drivers H. J. Swanson, K.

          A. Fleeman, Group 10 Machine Operator J. A.

          Daedler, Group 14(F) Welder Helpers R. P.

          Gruber and J. M. Becker `*** must each be

          allowed an equal proportionate share of the

          man hours worked by the outside contracting

          force as described in this claim, at their

          respective seniority Groups Straight Time and

          Overtime rates of pay as compensation for the

          violation of the Agreement for hours worked

          by the outside contracting force in cleaning

          the Right of Way of Scrap rail. This claim

          for compensation includes that Claimants be


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          compensated for the loss in what is normally considered overtime hours for Maintenance of Way Employees.,


FINDINGS:

 This Board, upon the whole record and all of the evidence, finds and holds as follows:

 1. That the Carrier and the Employees involved in this dispute are, respectively, Carrier and Employees within the meaning of the Railway Labor Act, as amended,; and

      2. That the Board has jurisdiction over this dispute.


OPINION OF THE BOARD:

 A careful review of the record indicates that the present dispute involves an alleged "as is, where is" transaction. The present record substantiates that the Carrier did not retain the relevant material. As a result, an "as is, where is" transaction occurred and the Carrier did not violate the collective bargaining agreement by permitting the outside vendor to send outside forces to retrieve the material.

 AWARD:

 The Claim is denied.

                Robert L. Dou a~

                Chairman and Neutral Member


D~ Bartholom D. A. Ring
 Emp yee Mem er Carrier Membe

Dated: VJ7d4O;L-


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