Eckehard Muessig, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Burlington Northern Railroad Company

              (formerly St. Louis-San Francisco Railway Company)


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

1. The Carrier violated the Agreement when it abolished the position of Fuel Foreman at Memphis, Tennessee on January 21, 1983 and assigned the work of that position to storeroom employes (System File B-2180/MWC 83-7-28).

2. Fuel Foreman R. L. Lipscomb, Jr. shall be compensated for all time lost, including overtime, beginning January 21, 1983 and continuing until Mr. Lipscomb is returned to his position as Fuel Foreman at Memphis, Tennessee."

OPINION OF BOARD: This Claim is identical, but for the identity of the
Claimant and the geographic location, to the Claim decided in Third Division Award No. 25878.

The Board is not unmindful of, and has considered the reasoned arguments advanced by the Organiz between the same parties have been previously decided, as noted above, we again associate ourselves with the Division's position of adhering to the precedents of decided cases, unless these cases relied upon are found palpably in error. That is not the case here and the Claim must be denied.

        FINDINGS: 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 Agreement was not violated.

                      Award Number 26510 Page 2

                      Docket Number MW-25960

                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      i

      Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.