(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

(1) The Carrier violated the Agreement when it assigned mechanical department employes instead of water service sub-department employes to install Dipe lines in Car Shop 9 at Sacramento Yard (System Files MofW 152-764 and MOfW 152-776).

 (2) Water Service Sub-department employes J. A. Riis, G. G. Hanks and J. W. Beaver each be allowed three (3) hours of pay and D. Gifford, H. F. Martinez, M. Alexander and M. C. Aguilar each be allowed eight (8) hours of pay at their respective straight time rates because of the violation referred to in Part (1) of this claim.

 OPINION OF BOARD: This is a Scope Rule case involving Petitioners'
 claimed right to the work of installing air pipe lines
 in Car Shop 9 at Carrier's Sacramento Yard. Petitioner, representing
 certain Water Service Department employes, brought an almost identical
 dispute, involving the same rule, parties and location which we dealt
 with in Award 19761. In the case presently before us the Organization
 relies on precisely the same evidence and arguments presented in the
 earlier Award supra. We concluded in the earlier case that the Petitioner
 had not sustained its burden of proof with respect to exclusivity; it has
 produced no further evidence in this dispute. There was no showing in
 the record of this case that Award 19761 was palpably erroneous.

 Since the issue in this dispute was disposed of in an earlier Award, and in the absence of a showing of error, we find that the conclusion reached in Award 19761 is controlling. To properly effectuate the Act and in order to provide an orderly process for the resolution of disputes we have repeatedly found that the parties have a right to rely on prior Awards, in the absence of error, which are dispositive of
 identical issues.(See for example Awards 10986, 11175 and 17363).


        FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Third Division


ATTEST:
          Executive Secretary


Dated at Chicago, Illinois, this 27th day of September 1974.

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