(brotherhood of Maintenance of Way Enployes PARTIES To DISPUTE: (Consolidated Rail Corporation (formerly The New York, ( New Raven & Hartford Railroad Company)



(1) The Agreement was violated when outside forces were used. to perform the work of cutting brush, ditching and clearing on the Newport Secondary Track at Portsmouth Rhode Island (System Docket NH-8 Northeastern Region - New England Division.

(2) As a consequence of the aforesaid violation, furloughed Track Department employes L. S. Epstien, D. W. Kerrinsy A. T. Bruscini, K. J. Montague and K. R. Lee each be allowed one hundred eighty-seven (18T) hours of pay at their respective straight-time rates and twenty-eight (28) hours of pay at their respective time and one-half rates."

OPINION OF BOARD: The facts of this case, in our judgment, are
identical with the facts presented to this Board
in Award No. 23034. In that case, involving this Carrier and this Organi
zation, we rendered a sustaining award. We see no reason to repeat our
rationale and restate the arguments a second time. We dog however.. think
it appropriate to again comment on the amount of the award., so that no mis
understandings develop. '

The Board in this case has agreed to award to the named claimants a total of 215 hours at the pro rata rate. The hours are to be equally divided among them.





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 in accordance with Opinion.


                        NATIONAL RAILROAD ALUUSTMM BOARD

                        By Order of Third Division


ATTEST:
        Execu ive Secretary


Dated at Chicago, Illinois, this 28th day of October 1980.

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