Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Soo Line Railroad Company (former Chicago,
( Milwaukee, St. Paul and Pacific Railroad
PARTIES TO DISPUTE: ( Company)
(
(Brotherhood of Maintenance of Way Employes
"This is to advise that the Soo Line Railroad
intends to file with the Third Division of the National
Railroad Adjustment Board within thirty (30) days of date
hereof, an Ex Parte Submission in the dispute between the
Brotherhood of Maintenance of Way Employes involving the
- claim on behalf of employes, Yahn, Bailey, Conger and
Reed for a total of two-hundred and eighty-nine and one
half (289.5) hours for the time worked by an outside
contractor, namely Byland, Inc., for the cutting of
brush, weeds and small trees along the Carrier's right
of-way at various road crossings located within the
confines and jurisdiction of the aforementioned employes
maintenance territory. Organization's File C #45-90."
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 waived right of appearance at hearing
thereon.
This dispute is identical to that reviewed in Third Division
Award 31388. The Board obviously reaches the same conclusion as in
that Award.
Form 1 Award No. 31387
Page 2 Docket No. MW-30374
96-3-92-3-108
AWARD
Claim dismissed.
ORDER
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 29th day of February 1996.