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      PARTIES TO DISPUTE:


              Brotherhood of Maintenance of Way Employees


                                and


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


      STATEMENT OF CLAIM:


      Claim of the System Committee of the Brotherhood that:


              1. The Agreement was violated when the

              carrier assigned an outside concern to

              perform Maintenance of Way work (remove

              several tracks and construct new tracks) from

              December 18, 1995 through January 19, 1996 in

              Boyles Yard at Birmingham, Alabama [System

              File 17(1)(96)/12(96-526) LNR].


              2. The Agreement was further violated when

              the Carrier did not act in good faith in the

              issuance of the contracting out of work

              notice and the subsequent contracting

              conference which is required by Article IV of

              the May 17, 1968 National Agreement and the

              December 11, 1981 Letter of Agreement


              3. As a consequence of the violations

              referred to in Parts (1) and/or (2) above,

              Birmingham S&NA South Seniority District

              Track Subdepartment employes J. C. Edgeworth,

              M. L. Munn, R. L. Sutton, R. Hayes, J. N.

              Finch, L. L. Robinson, J. H. Hicks, K. M.

              Pritchett, W. Brown, G. A. Pittman, M. Baylor

              and L. Williams shall each be paid eight (8)

              hours of pay at their respective straight

              time rates for each workday from December 18,

              1995 through January 19, 1996


      FINDINGS:


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


                                1

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 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 outside forces performed the disputed work, which the original advance notice furnished by the Carrier to the Organization concerning the project did not cover.

 As a result and in the context of the special circumstances of the present dispute, the record further reflects that the payment of 112 hours to each of the Claimants provides the most accurate remedy for the actual amount of work the outside concern performed that the advance notice to the organization did not cover.

 AWARD:

 The claim is sustained in accordance with the Opinion of the Board. The Carrier shall make the Award effective on or before 30 days following the date of this Award.

Robert L. Dou s

Chairman and Neutral Member


DD n~ald DD Bartho:
 Employee tuber

 Dated: 8v,
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Mark D. Selbert Carrier Member