C:\AWARDS\OUT\2-10373.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10373 SECOND DIVISION Docket No. 9339-T 2-BN-MA-185 The Second Division consisted of the regular members and in addition Referee Robert M. O'Brien when award was rendered. ( International Association of Machinists and Aerospace Workers Parties to Dispute: ( Burlington Northern, Incorporated Dispute: Claim of Employes:

1. That under the current agreement, Carrier improperly assigned to Employes

other than Machinists at its Roadway Work Equipment Shop, Livingston,

Montana, the

work of laying out, alignment and drilling of hydraulic

valve mounting holes and the installation of said mounts; the laying

out, alignment and drilling of hydraulic cylinder mounting holes and

the installation of said mounts; the installation of hydraulic cylinder

guides; the laying out, alignment and drilling of roller mounting holes

and the installation of said mounts, all on Track Liner No. 68008.

This work was performed by members of the Boilermakers craft on March

24, 1980, at the Carrier's direction.

2. That the Carrier accordingly compensate Machinist P. Arata for four hours of work at the overtime rate for failure to assign to him the aforementioned work reserved to Machinists by the controlling Agreement.

Findings: The Second Division of the Adjustment Board, upon the whole record and all the evidence finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Although the dates of claim and the aggrieved employes are different, there are no material distinctions between the instant claim and the claim that was before this Division in Award No. 10272. For the same reasons expressed in that dispute, the present claim must be sustained.

A W A R D

Claim sustained. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: 09 Nancy J. low - Executive Secr tary Dated at Chicago, Illinois, this 1 7th day of April 1985.