Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 30536
 Docket No. MW-30467
 94-3-92-3-311

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



PARTIES TO DISPUTE:

STATEMENT OF CLAIM:
      "Claim in behalf of E. Dillon and four others for a total of 16 hours each account outside contractor (Jeffries, Inc.) was used to blacktop crossings in Canton and Massillon, OH, on July 17, 1990." (MW-1827)


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 30543. There is no purpose served in a further review of this matter.


                        AWARD


    Claim dismissed.

Form 1 Award No. 30536
 Page 2 Docket No. MW-29749

                          ORD


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.