NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31567
Docket No. MW-31555
96-3-93-3-571

The Third Division consisted of the regular members and in addition Referee Robert Richter when award was rendered.


PARTIES TO DISPUTE:

                  ( Louisville and Nashville Railroad Company)


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


      (1) The Agreement was violated when the Carrier assigned

      mechanical and transportation employes to cut weeds in and around the

      tracks at Radnor, Tennessee on August 1, 4, 20, 21 and 24, 1992 (System

      File 13(113) (92)/12(92-1292 LNRI.


      (2) As a consequence of the violation referred to in Part (1) above, furloughed employes J. E. Jennings, E. M. Cole, K. L. Gothard, B. A. McBroom and J. Gentry shall each be allowed forty (40) hours' pay at the track repairman's straight time rate of pay."


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.

Form 1 Award No. 31567
Page 2 Docket No. MW-31555
96-3-93-3-571

In Third Division Awards 30160, 30161, 31081, 31085 and 31269 involving the same parties in similar disputes involving work performed by a Safety Committee , the Board found that the Carrier violated the Agreement and sustained the claims. After a thorough review of the record in the instant case we find no basis to rule differently than the above-mentioned Awards.


                        AWARD


      Claim sustained.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 25th day of July 1996.