"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned Chicago and Northwestern Bridge Gangs 4949 and 4931 to perform duties of redecking and related work on bridges on the Nebraska Division of the old Beatrice Subdivision now known as the Lincoln Subdivision, at Mile Post 3.43, 4.16 and 20.18 on April 27, May 1, 2, 3, 4, 8, 9,10,11, 15,16, 17, 18, 22, 23, 24, 25, 30, 31, June 1, 5, 6, 7, 8, 12, 13, 14, and 15, 2000 instead of Nebraska Division Bridge and Building Subdepartment employes M. R. Henry, C. S. Caufman, R. C. Hansen, M. J. Coan and J. M. Soto (System File W-0016-153/1240587).

(2) As a consequence of the violations referred to in Part (1) above, `. . . Claimants Henry, Caufman, Hansen, Coan and Soto must be allowed compensation for all hours worked by these CNW Bridge gang 4949 and 4931 employees on the referred to dates. This compensation must be allowed at their respective Group 3 straight time and overtime rates of pay."

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.

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"Section 1.

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`C' of Seniority District 4 (excluding ME 321.2 to MP 327.2) will be

consolidated with and become part of the existing UPRR Nebraska

Division and Eastern District territories ....

Section 2.

(A) Employees holding seniority on District 4 prior to January 1, 1997, will have their names and seniority dates dovetailed into the appropriate Nebraska Division and Eastern seniority rosters. The designation `C-4' will be placed next to their

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these employees will have prior rights to all positions and work

associated with their existing seniority in the territory

transferred. Except as specifically provided herein, District 4

employees working within the transferred territory will be

subject to the UPRR rules, rates of pay and working

conditions.

After this Implementing Agreement became effective, all gangs were rebulletined on the expanded Nebraska Division.

The material facts that led to this claim are not in disnnte_ 1n Anrit_ Mnv and June 2000, Gangs 4949 and 4931 redecked bridges on the Lincoln Subdivision? The Lincoln Subdivision is part of the Nebraska Division. Some employees on these gangs were `C-4' employees from the erstwhile C&NW 3 The Lincoln Subdivision is

On June 26, 2000, the Organization filed a claim on behalf of five `N' employees contending that they had "prior rights" to the bridge redecking work performed on UYRR territory. It argued that the Carrier crossed seniority boundaries when it assigned former C&NW employees this bridge work. According to the Organization, C-4 employees are restricted to work on their former C&NW territory.

The Board disagrees with the Organization's claim that seniority boundaries were crossed when C-4 Maintenance of Way employees performed bridge work on

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iiic uvniu c%giii~ca Li1nL LIM OULM i, i»i aiaa~icaiacu~ui~ ~J;icciiiciic rave employees holding seniority on the Nebraska Division prior to January 1, 1997, "prior rights to all positions and work on the Nebraska Division." Despite the reference to "work," in the Implementing Agreement, the intent of the Agreement is clear. It is intended to give Nebraska Division employees "prior rights" to advertised positions on their former territory. The Agreement was never intended to give Nebraska Division employees the exclusive right to all work on their former senioritv district. Such a result would make the Implementing Agreement illusorv.

The Implementing Agreement did not restrict former C&NW Zone `C' Seniority District 4 employees to work on their former territory. Rather, they had

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AWARD