Award No. 30

- . Case' No. 30

Public Law Board 2203

PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE : and
Consolidated Rail Corporation
STATEMENT (a) The Carrier violated the Rules Agreement ef
OF
CLAIM : fective April 15, 1944, as modified September 1,
1949, January 22, 1974 and March 4, 1976, particu
larly Rules 1-Saope; 2-Seniority, 2-d-3-Seniority
Districts, 2-e-1 and others, when six (6) former
CRR of NJ unprotected Trachen were used on the
former Lehigh Valley Railroad in the South Plain
field Gang area, blacktopping crossings, between
7:00 a.m. and 3:30 p.m. each day, April 6 and
7, 1977.
(b) As the result,of such violation, Trackmen:
F. Swarrow, J. Loughlin, J. Crane,_E. McDonald,
A. Melone, and Trackman-driver F. Santos, be
compensated at the applicable rate, for each day
- the violation occurred.
2-.7- a3-19vf o. 30

FINDINGS:

AWARD:

2

Petitioner has not established that ineligible employes actually performed the work in dispute, an essential element of its claim. The claim will accordingly be denied. See Award No. 29.

Claim denied.

Adopted at Philadelphia, Pa.,

1979.

airman

Carrier~ember

Employe Member