Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside forces (DeAngelo Brothers, Inc.) to perform Maintenance of Way and Structures Department work (cut brush on the right of way) at crossings in the vicinity of Merrillan, Wisconsin on September 13, 14, 15 and 16, 2003 and continuing instead of Seniority District T-7 employes J. Lilly, R. Pichler and D. Zawistowski (System File 7WJ7387T/ 1387656 CNW).

(2) The Agreement was further violated when the Carrier failed to furnish the General Chairman with proper advance written notice of its intent to contract out the above-referenced work or make a good-faith attempt to reach an understanding concerning such contracting as required by Rule 1(b).

Parts (1) and/or (2) above, Claimants J. Lilly, R. Pichler and D. Zawistowski shall now each be compensated at the rate of pay applicable to the positions which Claimants could have held (Zawistowski and Lilly at Class B Machine Operator rate and Claimant Pichler at Trackman rate) for an equal share of the total hours of work performed by Contractor forces in performance of the brush cutting in the vicinity of Merrillan, WI on September 13, 14, 15 and 16 and any dates subsequent thereto.

This is a factually similar dispute to the dispute decided in Award 3 of this Board involving the five year contract the Carrier entered into with DeAngelo Brothers, Inc. for brush cutting on various portions of the Carrier's right of way. For the same reasons expressed in Award 3, this claim shall be denied.

PLB 7096, Award 5

Lilly, etc.

Page 2

Claim denied.

Edwin H. Benn

Neutral Me er

D. A. Ring

Carri ember

r

® . Robinson

Organization Member

Elf .90%