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PUBLIC LAW BOARD NO. 1850
Award No. 13
Docket No. 20
B:1WE File OH-1105
Carrier File 2-MG-1494
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Baltimore & Ohio Railroad Company
Statement Claim filed on behalf of B&B Foreman James D. Jewell and
of Carpenters E. C. Smith, Terry Jones, T. F. Carroll,
Claim R. A. Clary and D. F. Henry, Ohio - Newark Division, for
time worked by Tunnel Force 1549 on Bridge 128-51 from
September-29, 1975 until such time as Tunnel Force 1549
ceases doing bridge work.
Findings The Board, after hearing upon the whole record and all
evidence,. finds that the parties herein are Carrier and
Employee within the meaning of. the Railway Labor Act,
as amended, that this Board is duly constituted by Agree
ment dated October 27, 1976, that it has jurisdiction
of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
The members of B&B Force 1393-1402, on November 21,
1975, filed claim for compensation commencing September
29, 1975, alleging that Carrier's Tunnel Forces No. 1549
performed "bridge work on Bridge 128-51" in violation of
Rule 1 (c) of the current Agreement. Said Section 1 (c)
reads:
pLGJ 18.50

Award No. 13 Page 3 Here, the Brotherhood failed to carry its burden of proof. It was not denied that the only work performed by Tunnel Force 1549 on Bridge 128-51 was chipping concrete and making repairs by the gunite method. Such work accrues to the Tunnel. Forces by virtue of Rule 1 (c) "Collective Bargaining Agreement".

Hence, the Board finds that this claim is without merit In the circumstances it will be denied.

Award

Claim denied.

e yeeMemger IW. C. Comiskey, CzjTrrier ffembe

r ur an art, Chairman

and Neutral Member

Issued at Salem, New Jersey, April 15, 1980.