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

Brotherhood that:

(1) The Agreement was violated when the Carrier assigned outside forces (National Salvage) to perform the '* * * cutting, and loading the ribbon rail onto a rail train, knocking off rail anchors, bagging rail anchors, straight railing switches, and general clean up. * * *' on the Concordia Subdivision on June 1 through June 30, 1990 (Carrier's File 900608 MPR).

(2) The below listed Claimants* shall each be allowed pay at their respective rates of pay in the amount of eight (8) hours per day at the straight time rate, and four (4) hours per day at 'Se punitive rate for June 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29 and twelve (12) hours per day at the punitive rate for June 2, 3, 9, 10, 16, 17, 23, 24 and 30, 1990.

* S. R. Schaefer J. B. Van Nortwick D. B. Wilson

K. E. Handke G. H. Hill C. L. Hollis

K. S. Williams J. W. Moeck R. D. Smith

M. F. Petesch F. L. Mueseler J. S. Horton

M. H. Hennigh M. W. Wilburn M. T. White

R. L. Shorb W. E. Juilfs E. D. Bonebrake"

H. D. Gibbs S. M. Thomas

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 waived right of appearance at hearing thereon.

This dispute is virtually identical to that reviewed in Third Division Award 30683. It involves the same notice of proposed contracting for the same project. The difference is confined to the dates for which Agreement violation is claimed.

In this instance, the Board reaches the same conclusions.

AWARD