The Third Division consisted of the regular members and in addition Referee Herbert L. Marx; Jr. when award was rendered.

(Consolidated Rail Corporation

PARTIES TO DISPUTE:

(Brotherhood of Maintenance of Way Employes


STATEMENT OF CLAIM:


"Claim in behalf of three (3) senior furloughed Class II operators, senior furloughed track foreman, and two (2) senior furloughed vehicle operators account a private contractor paving crossings on the Oasis Branch on August 28, 30, 31, 1990." (MW-1681)


FINDINGS:



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




The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.




Parties to said dispute were given due notice of hearing thereon.




This claim is identical to that reviewed in Third Division Award 30540. There is no purpose served in a further review of this matter.



AWARD



Claim dismissed.

Form 1 Award No. 30534
Page 2 Docket No. MW-30465
94-3-92-3-309


ORDERI




This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the claimant (s) not be made.



NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 9th day of November 1994.

,