BOARD OF
Brotherhood of Maintenance of Way Employees

 and

 Award No. 9 Case No. 9

 CSX Transportation, Inc. (former Louisville and Nashville Railroad Company)

 Claim of the System Committee of the Brotherhood th

 1. The Agreement was violated when the
 Carrier assigned outside forces (A. T.
 Massey) to perform Maintenance of Way and
 Structures Department work (ditch the main
 line) at Mile Post 31.5 on the Big Coal
 Subdivision beginning on June 1 through 13,
 1994 [System File C-TC-5831j12(94-o7s7) cosh.

 2. The Agreement was further violated when
 the Carrier failed to give the General
 Chairman advance written notice of its intent
 to contract out said work or discuss the
 matter in conference in good faith prior to
 contracting out said work as required by the
 October 24, 1957 Letter of Agreement
 (Appendix 'B').

 3. As a consequence of the violations
 referred to in Parts (1) and (2) above,
 Equipment Operator A. B. Shelton shall be
 allowed seventy-two (72) hours' pay at the
 Class A Operator's rate.

 at:

 FINDINGS:

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

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

 That the Board has jurisdiction over this dispute.
 OPINION OF
The record indicates that the Carrier failed to provide advance written notice to the Organization of the Carrier's intent to use outside forces to perform the disputed work. The record, however, indicates that an emergency situation existed that eliminated the need for any advance written notice and permitted the Carrier to use the outside forces to perform the disputed work. Specifically, the record indicates that ditching the main line became necessary to enable the rolling stock to move through the relevant area and the Carrier had used all of ditchers at the time to remove slides at other locations. As a result, the Carrier did not commit a violation under these specific circumstances by using outside forces to address the emergency.

 AWARD:

 Board.

 D~nald D Bartholo~
 Employee ~Member

 Dated:

 The Claim is denied in accordance with the Opinion of the

Robert L. Douglas

Chairman and Neutral Member


Patricia A. Madden Carrier Member