' Dockn( No. 1 t N

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY






                    to, and permitting persons holding no seniority rights,

                    as Welders, on the Southern District, to butt weld rail.

                    at the Carrier's Welding facility at No. Little Rock,


                      2. . The following Welders, Southern District:


                              James O. Turner

                              Earl M. Crofford

                              Harold E. Welch

                              Charles L. Clary

                              Jewell O. Cunningham

                              Oliver C. Messerli

                              Beecher Y. Baysinger

                              Douglas H. Morgan


                    be compensated for their proportionate share of the total number of man hours worked by these outsiders performing rail welding work, beg inning August 15, 1968 (60 days prior to date claim was presented) and continuing until this violation is discontinued.


      FINDINGS : It appears that on November 13, 1961 the Carrier entered

      into a contract with Matisa Railweld, Inc. to produce

      continuous ribbon rail of 1440 linnear feet by fusion of standard lengths of

      rail at North Little Rock. The Employes protested that contracting as a

      violation of the M of W agreement and, after work commenced thereunder,

      filed a claim in behalf of welders on January 29, 1962.


      That claim was appealed to the Chief Personnel Officer and, after conferences in which it was agreed that Carrier's employes would load and unload material at the Matisa plant, the claim was withdrawn. Operation of the plant by Matisa continued.

AWARD 118 Docket 118

 On February 1, 1967 Holland Railweld Company bought out Matisa and continued the operation of its North Little Rock plant. This claim was submitted on October 15, 1968.

 That prior handling of the same kind of claim respecting the contracting of the production of ribbon rail must be construed as an acceptance of the propriety of such contracting under the agreement and, absent any significant change in the operation or the agreement, the Organization is estopped from acquiring jurisdiction over that work by a claim or grievance. The only way to achieve that result now is by negotiation and agreement, which is not within the authority of this Board.

 AWARD : Claim denied.

              SPECIAL BOARD OF ADJUSTMENT. NO. 279


                    Dudley E. hiting - Cha~tnan


1~.

L , -

A . J. C 'ngham - ploye Member G. W. Jon - Carrier Membe

 October 9 , 1972,

 File: 247-4699

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