use. Award No. 18288
Docket No. MW-18715






PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
SEABOARD COAST LINE RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
































man and members of Extra Force 8564 on the Raleigh Division.

sary. This particular project would, as outlined above, certainly come under the exception contemplated by the rule. As you know, Rule 2 was brought forward intact into the current agreement from the former Atlantic Coast Line agreement and proper recognition was historically given on that Carrier to the wording and intent of the rule. It was properly interpreted as permitting the contracting of work under certain circumstances and conditions and your protestations to the contrary do not change the interpretation and application thereof as you are contending. In this connection you are referred to Third Division Award 11790.





This claim was discussed in conference October 21, 1969, along with some other claims, as confirmed by letter of Carrier's highest designated officer dated November 28, 1969, in which he advised the General Chairman, "you did not present anything new in support of these claims and you were advised we saw no reason for changing our decisions in these cases."




OPINION OF BOARD: This dispute involves the same parties, Agreement Rule and pivotal issues as in Award No. 18287. For reasons stated in that Award we will sustain the Claim.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:




That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and









Dated at Chicago, Illinois, this 20th day of November, 1970.
Keenan Printing Co., Chicago, Ill. Printed in UZ.A.
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