(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company

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

(1) The Carrier violated the Agreement when it assigned or otherwise permitted outside forces to per 81-19-85).

(2) The Carrier violated the Agreement when it assigned or otherwise permitted outside forces to per Track" at Magnolia, Minnesota (System File 0-26/81-19-86).

(3) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it did not give the General Chairman advance written notice of its intention to contract said work.

(4) Section Foreman J. F. Peterson, Laborers W. W. Potter, W. Van Name and Machine Operator C. Grimmius each be allowed pay at their respective rates for an equal proportionate share of the total number of man-hours expended by outside forces i
(5) Section Foreman C. Musgrove, Laborers D. Remme, J. Kreen and Machine Operator C. Grimmius each be allowed pay at their respective rates for an equal proportionate share of the total number of man-hours expended by outside forces in performing the work described in Part (2).

OPINION OF BOARD: The disputes herein are identical in all important as
pects with those considered in Awards 20895, 20945 and
20950. In view of the record and the logic of these Awards we must be guided
by the principles of res judicata and sustain the claim in its entirety.





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.


                    A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        l..xecutive Secretary


Dated at Chicago, Illinois, this 19th day of May 1976.