(Brotherhood of Maintenance of Way Employee PARTIES TO DISPU32:

STATEMENT OF CIAEM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned Maintenance of Way Department work at Wilkes Barre, Pennsylvania to outside forces on August 27, 28, 29, 30 and 31, 1979 and beginning on or about September 8, 1979 (System Docket No. LV-181).

 (2) 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.

 (3) As a consequence of the aforesaid violations, Foreman M. Radzw311a, Welder R. Warner, Welder-Helper M, Ambrose, Machine Operator W. McDermott, Trackman-Truck Driver R. Lack sad Trackman K. Vaow, M. Ioyd, J. Williams$ J. Napolsky, S. Partilla, A. Gabriele and furloughed Trackman D. Kehler each be allowed pay at their respective rates for an equal proportionate abase of the total number of man-hours expended by outside forces."

 OPINION OF BOARD: On November 19, 1979, while the matter was being handled on
 the property, the bier advised the Organization that the
 areas involved in the claims now before this Bond belong to the Redevelopment
 Authority of the City of Wilkes-Barre and not to Conrail. It also stated that
 the work which was made the basis of the claim did not accrue to Conrail employee
 to perform.

 Again, on October 8, 1980, while the matter was still under review on the property, the Carrier reiterated that factual assertion. Although a Notice of Intention to file with the Third Division of thin Board was not submitted until July 7, 1981, we find nothing in the record which challenged, denied or refuted that factual assertions recited above. Under those circumstances, we are of the view that Award No. 23422 - which disposed of a dispute between these same parties - is controlling and accordingly the claim should be denied.



That the Carrier and the Employee involved in this dispute are respectively carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
                      Docket Number rb1-24327


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

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATIONAL RAIIROAD ADJ'USTrENT BQARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By 1 y i ~ .

        Rosemarie Brasch - A , istrative Assistant


Dated at Chicago, Illinois, this 27th day of January 19$3.

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