Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28040
THIRD DIVISION Docket No. MW-27354
89-3-86-3-575
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:



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

(1) The Carrier violated the Agreement when it assigned Foreman
P. Collins and Engineer of Work Equipment D. Alley, both of whom are regularly
assigned to Gang G-052, to perform snow removal work from 10:00 P. M. until
8:00 A.M. on February 5 and 6, 1985, instead of assigning Foreman M. Mooney
and Engineer of Work Equipment J. Crandley (System Files NEC-BMWE-SD-1294 and
NEC-BMWE-SD-1298).

(2) Foreman M. Mooney and Engineer of Work Equipment J. Crandley shall each be allowed ten (10) hours of pay at their respective time and one-half rates."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



The substance of the Organization's Claim is that its Agreement was violated when Carrier used two members of Gang G-052 for snow removal work instead of Claimants who are members of Gang G-102.

We have examined the record and reviewed the Rules relied upon by the Organization and are not persuaded that an Agreement violation occurred in this instance. The Claim will be denied.
Form 1 Award No. 28040
Page 2 Docket No. MW-27354
89-3-86-3-575






                          By Order of Third Division


Attest:
        ancy J. D ~K - Executive Secretary


Dated at Chicago, Illinois, this 10th day of August 1989.