(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 when it assigned other than Track Department forces to perform the work of cutting right-of-way under signal and telephone lines at Columbia Wye, North Athens, from North Athens to Prospect Junction, in the vicinity of M.P. 264, from M.P. 407 to 408 and from M.P. 454 to M.P. 455 on September 16 17, L8, 19, 26 and October 1, 2, 3, 6, 9, 12, 13, 14, 17, 20, 21, 28 and 31, 1969. (System File E-304-12)

(a) Section Foreman B. A. Franklin, and Section Laborers W, 11, 4,,rton and E. K, Black each be allowed eighty-two (82) hours' pay at their respective straight time rates.

 (b) Section Foreman L. M. Atchison and Section Laborers D, E. Thornburg, J. Ross and A. Glen eac
(c) Section Foreman L. G. Culver and Section Laborers C, Oliver and F, Clakely each be allowed cwenty-four (24) hours' pay at their respective strai,JVit time rates.

 OPINION OF BOARD: The issues involved in this dispute are the same and between
 the same parties as were involved in Award No. 19418.
 That Award is controlling herein. Accordingly, the claim is dismissed.

 FINDINGS: The Third Division of the Adjustment Board, after giving the parties
 to this dispute due notice of hearing thereon, and 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 Fmployes within the meaning of the Railwav Labor Act, as approved June 21, 1934;

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

 - e.F'..Q~e: J


        That the Claim be dismissed.


                      A W A R D


        Claim dismissed,


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secrerarv


Dated at Chicago, Illinois, this 29th day of $ept,Eplier 1972.

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