NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION Award Number 20233

Joseph A. Sickles, Referee Docket Number MW-20179

PARTIES TO DISPUTE (Brotherhood of Maintenance of Way Employes

:

(The Chesapeake and Ohio Railway Company

( (Chesapeake District)

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

(1) The Carrier violated the Agreement when it assigned Car Department employes instead of track forces to clean cars at 34th Street, Ashland, Kentucky on October 16, 17 and 19, 1971 (System File HU-MW-227/ MG-1309/C-TC-34).

(2) Section Foreman V. Withrow, Laborers M. E. Scarberry, T.

Gibson, R. Lucas and J. Dunlap each be allowed twenty (20) hours of pay;
Laborer D. Johnson be allowed sixteen (16) hours of pay and Laborers H.
Spencer and H. May each be allowed four (4) hours of pay at their respec
tive straight time rates because of the violation
hereof, referred to in Part (1)

OPINION OF BOARD: A review of this Docket demonstrates that it presents
precisely the same questions and issues as presented
to us in Award 20232, except for the dates of the alleged violations.
The dates are not crucial to a determination,

For the same reasons stated in Award 20232, we will dismiss

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

That the parties waived oral hearing;

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 claim will be dismissed.

Award Number 20233 Page 2

Docket Number MW-20179

A W=

Claim dismissed.

NATIONAL RAILROAD AD,TUSBOARD

By Order of Third Division

ATTEST:

Executive ecretary

Dated at Chicago, Illinois, this 30th day of April 1974.