Contracting Out Awards

The grievance rules of our collective bargaining agreements provide that claims not settled on the property may be resolved through arbitration. The three arbitration forums provided for in the Railway Labor Act are the National Railroad Adjustment Board, Special Boards of Adjustment, and Public Law Boards.

Following are a sampling of the National Railroad Adjustment Board's 3rd Division decisions as they concern BMWED/CSX claims submitted against contracting out scope protected work.

37953	The Carrier violated the Agreement when it assigned outside forces (Banahan Construction) to perform Maintenance of Way work (dig trench, install conduit pipe and related work) from the water clarifier to the river pump house in Selkirk Yard at Selkirk, New York on April 1, 2, 3 and 4, 2003, instead of B&B employes F. Kovits, D. Cook, W. Moak, R Eichstadt, W. Henderson and T. Preston
37954	The Carrier violated the Agreement when it assigned outside forces (Lehigh Construction) to perform Maintenance of Way work (construct storage building) at Frontier Yard in Buffalo, New York beginning on February 3, 2003 and continuing, instead of B&B employes D. Cook, C. Spike, G. Walsworth, F. Kovits and R. Wolfanger
37955	The Carrier violated the Agreement when it assigned outside forces (Vorst Paving) to perform Maintenance of Way work (asphalt paving and repair) at road crossings on tracks in Presque Isle Docks on January 29, 2003
37956	The Carrier violated the Agreement when it assigned outside forces (Bankhead Welding) to perform Maintenance of Way work (make field welds and cut rail) on the M&M Subdivision of the Southern Region on March 13, 14, 17, 18, 19 and 20, 2003, instead of Welders S. Turgeau, T. Hall, H. Mobley and J. Monson

"An Injury To One Is An Injury To All"