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 (Commercial

          Materials Railroad Salvage Company) to

          perform Maintenance of Way work (cut, load,

          transport and stockpile rail) between Mile

          Posts 61 and 125 on the Council Bluffs

          Subdivision of the Nebraska Division

          commencing April 19, 1998 and concluding on

          May 15, 1998 (System File W-9852

          158/1143191).


          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 Operators

          M. L. Savor, J. S. Brown, Nebraska Division

          Group 15(D) Truck Drivers W. T. Nickel, K. L.

          Adkins, Group 15(C) Truck Drivers D. R.

          Wooldridge, R. A. Matthews, Group 14(F)

          Welder Helpers T. E. Jarecki and R. Q. Pembo

          `*** 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


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          Way of Scrap rail. This claim for compensation includes that Claimants be 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.

                Rbbert L. o las

                Chairman and Neutral Member


D. . Bartholom D. A. Ring
 Emp yee Me er Carrier Mem r
 Dated: 9e~
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