(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville and Nashville Railroad Company

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

 (1) The Carrier violated the Agreement and Article IV of the National Agreement of May 17, 1968 when, without prior notification to the General Chairman, it assigned the Clover Fork Branch, CV Division, to outside forces (System File 1-4/E-201-4).

 (2) The Carrier further violated the Agreement when, except for April 8, 1970, it assigned an assistant roadmaster instead of a section foreman to supervise the work refe line-ups in the pursuance of such weed killing work.

 (3) Johnny Adams be allowed pay at the truck driver's rate and W. Dombrouskie and John H. Witt b hours for each date of April 6, 7 and 8 and continue to be paid for the same number of hours that th
(4) Mr. C. S. Haley be allowed 8 hours' pay at the section foreman's rate for each date of April 6 and 7 and continue to be paid for each date subsequent to April 8, 197 work is performed under the supervision of an assistant roadmaster.

 OPINION OF BOARD: The issues involved in this dispute are the same and between
 the same parties as were involved in Award 19334. That
 Award is controlling herein. Accordingly, parts (1), (2) and (4) of the claim
 will be sustained. Part (3) will be denied.



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


        That the Agreement was violated to the extent shown in Opinion.


                      A W A R D


        Parts (1), (2) and (4) of Claim sustained; part (3) denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: 44 &ZY&21.ie
        Executive Secretary


Dated at Chicago, Illinois, this 14th day of July 1972.