Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36615
Docket No. MW-34859
03-3-98-3-568

The Third Division consisted of the regular members and in addition Referee Dana Edward Eischen when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Consolidated Rail Corporation

STATEMENT OF CLAIM:

-Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier used Messrs. H. H.

Wilkinson and/or W. J. Jordan and R. D. Price to perform

overtime service in connection with the moving of camp cars and

equipment: (a) from LaPorte, Indiana to Whiting, Indiana on

October 17 to October 21, 1996; (b) from Whiting, Indiana to

Kendelviile, Indiana on October 30 to November 4, 1996; and (c)

from Indianapolis, Indiana to Wabash, Indiana on November 21

to 25, 1996 (System Dockets MW-4696, MW-4597 and MW-4698).

(2) As a consequence of the violations referred to in Part (1) above,

Foreman S. Stacy shall be compensated at his appropriate

overtime rate of pay for all hours expended in the performance of

the work in question."

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.
Form 1 Award No. 36615
Page 2 Docket No. MW-34859
03-3-98-3-568

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 is a companion claim to the matter decided by the Board in Third Division Award 36614. For reasons set forth in detail therein, the instant claim likewise is denied.

AWARD

Claim denied.

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 July 2003.