The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
According to the record, Carrier purchased certain pre-manufactured rack and bin equipment for the storage of shop materials. Carrier contended that the equipment was dissimilar from previous storage systems that may have been constructed. It also asserted that the equipment was purchased "installed," which included Fastenal employees transferring and organizing the inventory and bar code labeling the bins. Carrier also maintained that such work had not been exclusively performed
Special Board of Adjustment No. 1016 Award No. 153Regarding the magnitude of the Claim, Carrier asserted, without refutation by the Organization, that no contractor work was performed on most of the dates specified in the Claim. Carrier also contested the number of hours worked saying that the contractor only used three employees on one date; in addition, the contractor forces only worked four to six hours per day and never eight hours in any day.
The Organization provided signed statements attesting to the performance of similar work in the past by scope covered employees.
On this record, we find that Carrier was entitled to purchase finished goods rather than use covered forces to construct the storage equipment. However, the installation and inventory set up work is another matter. The Organization has shown sufficient past performance of similar work to trigger the Carrier's obligation to provide the requisite notice and engage in the kind of discussions contemplated by the notice provisions. If failed to do so.
For the remedy, we find that the record to support an award of additional compensation to each of the three Claimants equal to fifteen (15) hours of additional straight time pay.
