“Claim of the System Committee of the Brotherhood that:
The Agreement was violated when the Carrier assigned outside forces to perform Maintenance of Way Bridge Sub group maintenance work at various bridge locations on the Marquette Subdivision on June 19, 2017 and continuing. Said Bridge Sub group work included, but was not limited to, drill and plate ties, tie replacement, installation and replacement of walkways, pile replacements, stringer replacements, cap replacement, guardrail replacement, handrail replacement or installation, re- decking of bridges and associated duties (System File B-1701D-210/USA-BMWED DM&E-2017-00051 DME).
As a consequence of the violation referred to in Part 1 above, Claimants W. Turner,
K. Monroe, C. Mezera, J. Greve, W. Wolf, J. Connelly and J. Claycamp shall now each be compensated an equal share of all straight time and overtime hours worked by the contractors at their applicable rates of pay.”
The Organization argued that the Carrier cannot use outside forces beyond past practice, and that the work of concern fell outside those practices.
PLB 7903
The Carrier contended Rule 1 provides flexibility for it to use contractors so long as it does not result in the abolishment of one or more positions under the Agreement. It asserted it retained the right and flexibility to use contractors after the Agreement was executed and that it was not restricted from using contractors for the contested work.
This case has been rendered moot by intervening circumstances.
The claim is dismissed.
Dated: August 20, 2019
Patricia T. Bittel, Neutral Member
Andrew M. Mulford, Employe Member
for
Anthony Mosso, Carrier Member